7. Does the right apply to all public bodies?

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In Europe the right of access to information is firmly established as applying to all administrative bodies, at the central, regional and local level. There are rare exceptions to this – in Ireland the police force is exempted for example, but this is an unusual case.

In addition, as the right has developed, the scope has been progressively broadened to apply also to legislative and judicial bodies. Almost all countries grant access to administrative information held by legislative and judicial bodies, and most grant access to all information held by legislative bodies.

In many countries private bodies performing public functions or operating with public funds also have the obligation to respond to requests for information.

For example, the legislation of Macedonia, one of the last countries in the region to adopt an ATI law (2006), encompasses the government and administration at national and local level but also legislative bodies and judicial authorities, private bodies (natural and legal persons) that perform public functions and all other bodies and institutions that are established by law (different independent Commissions, Regulatory bodies, etc.).


There are however exceptions – the Norwegian parliament for example or court documents in a few countries – so it’s important to check these before planning a request strategy. The chart in Annex C gives the details of the current situation in 26 countries.

TIP
! If the body you are interested in is not covered by the scope of the access to information law in your country, then try to think if it has to file reports with another body. For example, some private bodies which operate with public funds have to file reports back to the ministry which is providing the funding. So use the principle of follow the money and ask for those reports.


 

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