Article 1
(Open government*)
Access to documents held by public bodies by those interested is guaranteed by public
authorities according to the principles of publication, transparency, equality, justice,
impartiality, collaboration, participation, pursuance of public interest and respect for
the legally protected rights and interests3.
Article 2
(Purpose)
1. This law regulates access to documents in relation to the activities of the entities
mentioned in Article 3.
2. The procedure for the exercise by the citizens of their right to be informed by
Public Authorities of progress in proceedings in which they have a direct interest, as
well as their right to be informed of the final decisions taken thereupon, is covered by
separate legislation.
Article 3
(Scope)
The documents referred to in the next article are documents that originate or are held
by institutions of the State that have government functions and bodies of public
institutions as well as statutory societies and other entities that exercise public
authority in terms of the law.
Article 4
(Definitions)
1. For the purposes of this law, will be deemed to be:
a) administrative documents: any information media, be it print, audio, visual or
digital, or any records of another nature, produced or held directly, indirectly or
autonomously by public bodies, to wit, case files, reports, studies, opinion pieces,
minutes, official records, circulars, ministerial memoranda, internal orders, internal
3
This law is almost identical to the Portuguese one, so where elements that can be considered as
‘unfriendly’ or possible loopholes have been added/ deleted, I have highlighted this in red.
Article 18, 1.c) “President [Speaker] of Parliament” has been replaced with “President”
Article 18, 4. “All members” replaces “with the exception of the Chair, all members”. A further clause
then goes on to say that the Chair continues to benefit from his salary and other benefits as a judge.
Articles and clauses whose omission I believe weaken the law are:
[omitted] g) under Article 19: “contribute towards the clarification of, and dissemination of information
about, the different forms of access to documents held by public authorities in accordance with the
principle of an open administration.
An article titled “Co-operation of the administration”, which said: “It shall be the duty of the members
of the staff of public institutions to co-operate with the Commission; otherwise, their disciplinary
liability shall be engaged.