Information Commission Regulation No. 2 of 2010 on the Public Information Dispute Settlement Procedure (‘Regulation’) has recently been issued, to implement Articles 1 (4), 23, 26 (1) (a), 26 (2) (a) and (b), and 26 (3) of Law No. 14 of 2008 on the Freedom of Public Information (‘Law’).
Pursuant to Article 1 (5) of the Law, public information disputes are defined as disputes that arise between a public institution and an applicant who is seeking access to information. Such disputes can arise due to any of the reasons enumerated in Article 35 (1) of the Law. The Information Commission will hear disputes in two cases according to Article 3 (2): applicants are not satisfied with the response that they have received, or, no response has been given within 30 working days of the application being submitted to the public institution.
A dispute can be settled by mediation or adjudication, According to Articles 1 (8) and (9), respectively. Mediation is assisted by an official from the Commission who acts as a mediator, it is held in private (unless the parties elect otherwise), and is voluntarily, according to Article 29. Mediation must be completed within 14 working days from the first mediation session, according to Article 31. Adjudication involves the Commission holding an open hearing (with the ability to maintain the confidentiality of certain documents, as further elaborated on in Article 43) and issuing a ruling (within 40 days, in accordance with Article 44).
Mediation, under Article 3 (3), is available to resolve disputes arising due to:
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a.
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an institution not providing a periodical information, as mandated by Article 9 of the Law;
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b.
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requests for information not being responded to;
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c.
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requests for information being responded to not as requested;
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d.
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requests for information not being fulfilled;
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e.
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imposition of unreasonable fees;
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f.
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information being released outside the period mandated by the prevailing laws and regulations.
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Adjudication, under Article 3 (4), is available to resolve disputes arising due to:
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a.
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a rejection of an information request due to exceptional reasons (in accordance with Article 17 of the Law);
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b.
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mediation failing to resolve the dispute, or one or both parties withdrawing from the mediation process.
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A request for dispute settlement can be filed with the Commission through a direct submission of an application at the Commission’s Office or via post, electronic mail, facsimile, or another method, according to Article 6.
According to Article 10, there is no charge for filing a request for dispute settlement.
The Regulation has been in force since 20 August 2010.
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