LAW CASES

Objective

This Working Group should tangibly accelerate progress in concrete ways to advance the knowledge about Law Cases and relevant resolutions regarding access to information with the overarching goal of increasing innovation. These efforts are intended to promote data and knowledge sharing and exchange and best practices in favor of the wellbeing of our communities.

Coordinator

National Institute for Transparency, Access to Information and Personal Data Protection (INAI) of Mexico. 

Members

Country Name of Authority

Argentina
Guarantor Body of the Right of Access to Information of the City of Buenos Aires

Brazil
National Secretariat of Access to Information of the Office of the Comptroller General

Germany
The Federal Commissioner for Data Protection and Freedom of Information

Hungary
National Authority for Data Protection and Freedom of Information

Mexico
National Institute for Transparency, Access to Information and Personal Data Protection

Mexico
Institute for Transparency, Access to Public Information, Personal Data Protection and Accountability of Mexico City

Peru
Court of Transparency and Access to Public Information

Philippines
Freedom of Information - Project Management Office

Portugal
Comissão de Acesso aos Documentos Administrativos

Activities and Products

    • Legal systems report

This Report presents the common points and the diversity in the construction of the Access to Information resolutions that will allow us to issue non-binding administrative criteria.

    • Relevant Cases (in progress)

Integrate a compilation of relevant resolutions regarding Access to Information with the overarching goal of increasing innovation. These efforts are intended to share knowledge and exchange best practices.

Country Jurisdiction Name of Authority Resolution 2022 Relevant of the case

Albania
National
Information and Data Protection Commissioner

Decision No. 1 – Ministry of Infrastructure and Energy (MIE)


Exemptions

Argentina
Buenos Aires

Guarantor Body of the Right of Access to Information of the City of Buenos Aires

The OGDAI upholds criteria that obliges the public administration to disclose emails that were sent from and received in an official email address.

The OGDAI determined the scope of their competence to control compliance of Law No. 104 when the requested information belongs to, or is held by, a private person -in this case, a company.

Argentina
National

Access to Public Information Agency

The decision affects the rights of vulnerable groups

 

The relevance of the case most reflective to the application of the authority´s powers

Australia
Victoria

Office of the Victorian Information Commissioner

Principles of RTI

Exemptions

Brazil
National
National Secretariat of Access to Information of the Office of the Comptroller General


Principles of RTI

Chile
National
Advice for Transparency

High profile case

Principles of RTI

Germany
Rhineland-Palatinate
Rhineland-Palatinate Commissioner for Data Protection and Freedom of Information

 

Principles of RTI

Hungary

National

National Authority for Data Protection and Freedom of Information


Exemptions

Maldives
National
Information Commissioner’s Office

Principles of RTI, Exemptions and High profile case

Mexico

National

National Institute for Transparency, Access to Information and Personal Data Protection

Mexico

Mexico City

Institute for Transparency, Access to Public Information, Personal Data Protection and Accountability of Mexico City

Principles of RTI

The decision affects the rights of vulnerable groups

Mexico
Mexico State
Institute for Transparency, Public Information and Personal Data Protection of the Mexico State and Municipalities

The decision affects the rights of vulnerable groups

Mexico
Jalisco State
Institute for Transparency, Public Information and Personal Data Protection of the Jalisco State

Provide a concrete response to the request for required information, to clarify the doubts generated

The relevance of the case most reflective to the application of the authority´s powers

Nepal

National

National Information Commission

The relevance of the case most reflective to the application of the authority´s powers

Principles of RTI

Peru
National
Ombudsman

Exemptions

Peru
National
Court for Transparency and Access to Public Information.

High profile case

Involve new technologies

Philippines

National

Freedom of Information - Project Management Office

Principles of RTI

Portugal

National

Comissão de Acesso aos Documentos Administrativos


High profile case

United Kingdom
National
Information Commissioner's Office

Balance between an individuals’ right to privacy and the public’s right of access to information

Exemptions

 

United States of America
National
Office of Government Information Services

Uruguay
National
Public Information Access Unit

High profile case

Mandatory dissemination of information through active transparency