Scope
This Policy applies to all requests by individuals to view or obtain public information – unprotected and produced by public authorities, of whatever source, form or nature.
This Policy does not apply to protected information, including the following:
- Information that, if disclosed, may compromise the State’s national security, policies, interests or rights.
- Military and security information.
- Documents and information obtained in agreement with another state and classified as protected.
- Inquiries, investigations, checks, inspections and monitoring in respect of a crime or violation.
- Information that includes recommendations, suggestions or consultations for issuing governmental legislation or decision not issued yet.
- Commercial, industrial, financial or economic information that, if disclosed, may result in gaining profits or avoiding losses in an illegitimate manner.
- Scientific or technological research or rights including intellectual property rights that, if disclosed, may result in the infringement of an incorporeal right.
- Tender and bidding information that, if disclosed, may give rise to violation of fair competition.
- Information that is protected, confidential or personal under another law, or requires certain legal action to be accessed or obtained.
Key Principles of Freedom of Information:
- Transparency: Each individual has the right to know information related to the ministry’s activities to enhance a culture of integrity, transparency and
- Necessity and Proportionality: Any restrictions on requesting access to protected information received, produced, or handled by the ministry must be justified in a clear and explicit way.
- In Principle, Information Is Open for Disclosure: Each individual has the right to view unprotected public information. The applicant may not need to have a certain quality or interest in this information to obtain, nor will it not expose the person to any legal accountability related to this right.
- Equality: All requests to view or obtain public information shall be addressed on the basis of equality and non-discrimination between individuals.
Individual Rights to View or Obtain Public Information
- The right to view any information that is not protected.
- The right to know the reason for rejecting the request for viewing or obtaining the requested information.
- The right to appeal against the decision relevant to rejecting the request to view or obtain the requested information.
Key Steps for Accessing or Obtaining Information
Key Requirements for Requests to Access or Obtain Public Information:
- The approved form by the ministry must be filled out.
- The request must be for the purposes of accessing or obtaining public information.
Key Steps for Requesting Access to or Obtaining General Information:
- First: Requests shall be made by filling out a - electronic or paper - and submitting such form to the ministry.
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Second:
The ministry shall be receiving the request to view or obtain general information, and take one of the following decisions:
- Approval: If the ministry has approved the request to access or obtain information in whole or in part.
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Rejection: If the request to access or obtain information is rejected, the individual must be notified in writing or electronically of such rejection, including the following information:
- Determine whether the application was rejected in whole or in part.
- Reasons for rejection, if applicable.
- The right to complain about such rejection and how to exercise such right.
- Notice of period extension and date on which the application is expected to be completed.
- Reasons of delay.
- The right to complain about such extension and how to exercise such right.
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Notice: If the requested information is available on the entity’s website, or not within its competence, the individual must be notified of the same in writing or electronically, provided that such notice includes the following information:
- Notice Type: For example: The required data is available on the entity’s website, or is not within its competence.
- The right to complain about this notice and how to exercise this right.
- Third: If the individual wishes to file a grievance against the rejection of request by a public entity, he can submit a written or electronic notice of the grievance to the entity’s office within a period not exceeding (10) working days from receiving the entity’s decision. Grievance Committee at the entity’s office shall review the request, take appropriate decision.