Appeal Options, by Country
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Oversight Body
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European Union
|
FIRST, Administrative appeal to the same body, called “confirmatory application”
THEN either Ombudsman OR Court of First Instance
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European Ombudsman
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Albania
|
FIRST, administrative appeal
THEN, judicial appeal OR complaint to Ombudsman
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People’s Advocate (Ombudsperson) – decisions are not binding
|
Armenia
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FIRST, Administrative appeal followed by appeal to the Courts (recommended)
OR Ombudsperson
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Human Rights Defender of the Republic of Armenia (Ombudsperson) – decisions are not binding
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Austria
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FIRST, Administrative appeal
THEN, appeal to the courts
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Austrian Ombudsman Board
Volksanwaltschaft
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Belgium
|
Belgium
FIRST, Request for reconsideration to the administrative body
AND at the same time request to the Commission for Access to Administrative Documents for advisory opinion
THEN, application to Administrative Court for annulment of refusal to grant information
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Commission (fédérale) d’Accès aux Documents Administratfis
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Belgium – Flanders
FIRST, Application to the Appeal Instance for annulment of refusal to grant information
THEN application to Supreme Court for annulment of refusal to grant information
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De beroepsinstantie inzake openbaarheid van bestuur en hergebruik van overheidsinformatie
(Appeal Instance on access to administrative documents and the re-use of public sector information)
http://www3.vlaanderen.be/openbaarheid/beroepsinstantie.php
|
Belgium – French Community of Belgium
FIRST, Request for reconsideration to the administrative body
AND at the same time request to the Commission for Access to Administrative Documents for advisory opinion
THEN application to Supreme Administrative Court for annulment of refusal to grant information
|
Commission d’Accès aux Documents Administratifs (specific to the French Community of Belgium)
|
Bosnia Herzegovina
|
FIRST, appeal to head of the public authority that issued the decision.
THEN either apply for judicial review, OR complaint to Ombudsman
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Ombudsman for Human Rights (in Bosnian languages only)
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Bulgaria
|
FIRST, Administrative Appeal
OR (depending the body) Regional courts or Supreme Administrative Court
|
No oversight body – appeal to courts
|
Canada
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FIRST, complaint to the Information Commissioner
THEN, appeal to the courts
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Office of the Information Commissioner of Canada
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Croatia
|
FIRST, Administrative appeal to head of the administrative body
THEN, Administrative court
OR, Ombudsman
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Ombudsman
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Czech Republic
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FIRST, Appeal to superior body of the public body that issued the decision.
THEN, If the latter has rejected the appeal a court can review this.
|
No oversight body – appeal to courts
|
Denmark
|
FIRST, Administrative appeal
THEN, appeal to courts
OR, to Ombudsman
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Folketingets Ombudsman
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Estonia
|
FIRST, Appeal to Supervisory body
OR, Administrative court.
OR, Data Protection Inspectorate
|
Estonian Data Protection Inspectorate
- oversees implementation of the Public Information Act
|
Finland
|
FIRST, Appeal to a higher authority
THEN, to the Administrative Court
OR, apply to Parliamentary Ombudsman for review of the decision.
|
Parliamentary Ombudsman
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France
|
FIRST, Administrative appeal (“recours gracieux”) AND/OR appeal direct to Commission on Access to Administrative Documents
THEN, Conseil d’État to challenge the decision of the CADA
|
Commission on Access to Administrative Documents (CADA) – decisions are not binding but can appeal to the Administrative Tribunal for enforcement of a CADA decision
Commission d’Accès aux Documents Administratifs (CADA) (in French only)
|
Georgia
|
FIRST, internal administrative appeal
THEN, Administrative Court
THEN, Supreme Court
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No oversight body
|
Germany
|
FIRST, Administrative appeal
THEN, court appeal
OR, appeal to Information Commissioner
|
The Federal Commissioner for Data Protection and Freedom of Information
Some German Länder also have Freedom of Information laws overseen by Commissioners:
|
Greece
|
|
FIRST, internal appeal
THEN, Ombudsman’s office
|
Greek Ombudsman
|
Hungary
|
FIRST, Applicant has option to launch judicial appeal (first and second instance)
OR to appeal to the Data Protection and FOI Commissioner
|
Hungarian Parliamentary Commissioner for Data Protection and Freedom of Information
- decisions are not binding
|
Iceland
|
FIRST, Appeal to the Information Committee.
Government bodies are required to comply with the decisions but can appeal to the courts.
|
Information Committee (In Icelandic only)
|
Ireland
|
FIRST, Application for internal review of the decision (costs €75)
THEN, appeal to the Information Commissioner (application fee of €150).
THEN, appeal to High Court
|
Office of the Information Commissioner
– the Information Commissioner can order disclosure.
|
Italy
|
FIRST, Appeal to regional administrative court
THEN, Council of State
|
Commissione Per L’accesso Ai Documenti Ammnistrativi (in Italian)
|
Kosovo
|
FIRST, Internal administrative appeal
THEN, Administrative Court
OR Ombudsperson Institution
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Ombudsperson Institution
|
Kyrgyz Republic
|
FIRST, Administrative appeal, to a superior officer
OR to the Ombudsman
|
Ombudsman of the Kyrgyz Republic -
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
|
Latvia
|
FIRST, Appeal to manager of the institution, or to a higher institution where one exists;
THEN, Court (takes 3-4 years and is rarely used for information requests).
|
Latvian Ombudsman’s Office – but not responsible for the access to information law!
|
Liechtenstein
|
FIRST, Administrative appeal to the body handling the request,
THEN, appeal according to the administrative law.
|
No oversight body
|
Lithuania
|
FIRST, appeal to internal Appeals Dispute Commission
THEN, Administrative Court
OR, Seimas Ombudsman
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The Seimas Ombudsmen’s Office
|
Macedonia
|
FIRST, Appeal to the Information Commission
THEN, administrative dispute before administrative court
|
Commission for the Protection of the Right to Free Access to Information
- can order disclosure
|
Moldova
|
FIRST, Apply to top management of body and/or higher body
THEN, apply to courts
|
No oversight body
|
Montenegro
|
FIRST, Appeal either to a supervisory body if one exists
OR, directly to the Administrative Court, which can order disclosure.
|
No oversight body
|
Netherlands
|
FIRST, Administrative appeal
THEN, Court Appeal
THEN, High Court Appeal
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(National Ombudsman)
The Ombudsman has no specific mandate to oversee the access to information law, so the normal appeal procedure is via the courts.
|
Norway
|
FIRST, Appeal to superior administrative body followed by appeal to courts
OR to Ombudsman
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Sivilombudsmannen
|
Poland
|
FIRST, Internal appeal
THEN, Administrative Court
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No oversight body – Office of the Commissioner for Civil Rights Protection (Ombudsman) has been active in calling for transparency
|
Portugal
|
FIRST, Committee of Access to Administrative
Documents
THEN, Administrative court
|
Commission on Access to Administrative Documents
|
Romania
|
FIRST, Public authority or manager
THEN, Administrative Court
THEN, Court of Appeal
|
No oversight body – appeal to courts, which can order disclosure. The Ombudsman occasionally handles access to information concerns.
|
Russia
|
FIRST, appeal to higher body OR to higher official according to established legal procedures relevant for that body;
THEN, appeal to court
|
No oversight body
|
Serbia
|
FIRST, Administrative appeal
THEN, Information Commissioner
THEN, Administrative Court
|
Commissioner for Information of Public Importance and Personal Data Protection
The Commissioner's rulings are binding, final and enforceable. Requestors can apply to the Government to enforce the Commissioner's rulings.
|
Slovakia
|
FIRST, Administrative appeal
THEN, appeal to the courts
|
No oversight body – appeal to courts which can return decision to the administrative body for review.
|
Slovenia
|
FIRST, Administrative appeal
THEN, Information Commissioner
THEN, Administrative Court
|
Information Commissioner
- decisions become binding upon the expiry of the term for launching an administrative dispute.
|
Sweden
|
FIRST, Internal appeal
THEN, Administrative Court of Appeal
THEN, Supreme Administrative Court
ALSO, can apply to the Parliamentary Ombudsman
|
Parliamentary Ombudsman
Riksdagens Ombudsmän
- issues recommendations
|
Switzerland
|
FIRST, Appeal to Federal Data Protection and Information Commissioner for mediation
THEN, if not happy with outcome, apply for a formal decision from the public body
THEN, appeal that decision to the federal administrative tribunal
|
The Federal Data Protection and Information Commissioner
- mediates and issues recommendations which can then be appealed before the courts if the public body does not act on them or if they are not in favour of the requestor.
|
Tajikistan
|
FIRST, Appeal to a superior officer
OR in court
|
|
Turkey
|
FIRST, Appeal to the Board of Review of Access to Information
THEN, apply to Administrative Court
|
Board of Review of Access to Information
|
Ukraine
|
FIRST, Internal administrative appeal
THEN, Administrative Court
|
No oversight body
|
UK
|
United Kingdom
FIRST, Administrative appeal to same body
THEN, Information Commissioner’s Office
THEN, Information Tribunal, a special court which reviews ICO decisions (in Scotland judicial appeal on points of law only).
|
The Information Commissioner’s Office
(ICO)
|
UK – Scotland
FIRST Administrative appeal to the same body
THEN Review by same body
THEN Scottish Information Commissioner
THEN Judicial appeal, but only on a point of law
|
Office of the Scottish Information
Commissioner
|
United States
|
FIRST, Administrative appeal, to the head of the relevant public body.
THEN to the courts.
|
|
Uzbekistan
|
Can be appealed to the courts
|
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