What information can be accessed?

Any documented information regardless of its date, form (written, audio, or visual), or medium (paper or electronic) that is produced or obtained by the structures subject to the provisions of the organic law relating to the right of access to information within the framework of their activities.

How can information be accessed?

Access to information is obtained either by consulting the website of the concerned structure if it has been proactively published, or by submitting a request for access to the concerned structure if the requested information is not published.

What are the penalties guaranteeing the right of access to information?

Anyone who intentionally obstructs access to information within the structures subject to the law on access to information shall be punished with a fine ranging from five hundred (500) dinars to five thousand (5000) dinars. Anyone who intentionally destroys information illegally or incites another person to do so shall be punished with one year imprisonment and a fine of one hundred and twenty (120) dinars.

What are the possible forms of access to information?

When submitting an access request, the applicant must specify the desired form of access, either by requesting:

Consultation of the information on site, unless this may cause damage to it,

– Obtaining a paper copy of the information,

– Obtaining an electronic copy when possible,

– Or obtaining extracts of the information.

The access request may be submitted either:

1- Directly to the concerned structure against a receipt that must be delivered.

2- By registered mail, fax, or email with acknowledgment of receipt.

Which structures are subject to the law on the right of access to information?

- The Presidency of the Republic and its structures

- The Presidency of the Government and its structures

- The Assembly of the Representatives of the People and its structures

- Ministries and the various structures under their supervision inside and outside the country

- The Central Bank

- Public institutions and enterprises and their representations abroad

- Local and regional public structures

- Local authorities

- Judicial bodies, the High Council of the Judiciary, the Constitutional Court, the Court of Auditors

- Constitutional bodies

- Independent high authorities

- Regulatory authorities

- Private legal entities managing a public service

- Organizations, associations and all structures benefiting from public funding

Are there any fees for access to information?

Every person has the right to access information free of charge. However, if providing the information requires certain expenses, the applicant shall be informed in advance of the need to pay a fee that does not exceed the actual costs incurred by the concerned structure. Cases where access requires payment are precisely determined by legal text and no payment may be requested in the absence of such legal basis. When the law provides that access to certain information or in a specific format is subject to payment, proof of payment must be provided before obtaining it.

How can a refusal decision be appealed?

Either by filing an appeal with the head of the concerned structure within a maximum period of twenty (20) days following the notification of the decision. The head of the structure must respond as soon as possible and no later than ten (10) days from the date of submission of the appeal. Failure to respond within this period shall be considered an implicit refusal.

In case of explicit or implicit refusal, the applicant may appeal this decision before the Access to Information Authority within a period not exceeding twenty (20) days from the date of notification or from the date of the implicit refusal. The applicant may also directly appeal the decision within the same deadline.

What is the role of the person responsible for access to information?

The person responsible for access to information is an essential link in implementing the provisions of Organic Law No. 22 of 2016 relating to the right of access to information. This person is appointed by the head of the concerned structure along with a deputy through an official decision specifying their identity and functions.

They are mainly responsible for:

1. Receiving, processing and responding to access to information requests.
2. Ensuring coordination between the concerned structure and the Access to Information Authority.
3. Preparing an action plan to strengthen the right of access to information in coordination with the officials of the concerned structure.
4. Preparing an annual report on access to information during the first quarter of the following year.
5. Monitoring and updating the implementation of the action plan.

What are the deadlines for responding to an access to information request?

The concerned structure must respond to any request within a maximum period of twenty (20) days from the date of receipt of the request or its correction.

If the request concerns on-site consultation, the response must be provided within a maximum period of ten (10) days.

If the response is a refusal, the decision must be written, justified, and must specify the appeal procedures.

1. If the request affects a person’s life or freedom, the structure must respond immediately and no later than forty-eight (48) hours from the submission date.
2. Failure to respond within the legal deadlines shall be considered an implicit refusal.
3. If the requested information is held by another structure, the applicant must be informed within five (5) days.
4. The deadlines may be extended by ten (10) days if the request concerns multiple pieces of information.

*In all cases, failure to respond within the legal deadlines is considered an implicit refusal that may be subject to appeal.