Article 12
Inability to Comply with a Request
1. Should a public authority be unable to comply with a request owing to the
absence of formal requirements as provided for in Article 11(2) and (3), it shall,
as soon as possible and no later than 8 days from receipt of the request, notify the
requester in writing, where such notification is possible, that the request cannot be
processed for that reason. This notice shall inform the requester of the availability
of appeal, the specific body to whom the appeal should be addressed including the
necessary contact information, and the deadline for and cost of filing an appeal.
The notice shall also inform the requester of his or her right to apply to the
Ombudsman, and shall include the necessary contact information.
2. For requests that fail to comply with Article 11(2)(b), the notice provided for in
subsection (1) shall also include any specific clarification questions and a copy of
the guide provided for in Article 20(a).
3. Notices provided for under this Article shall inform the requester that a
reformulated request will be treated as a new request.
Article 13
Determination of Competent Authority
1. Should the respondent authority not be the competent authority, it shall, as soon
as possible and no later than 8 days from receipt of the request, transfer the
request to the competent authority and notify the requester in writing thereof.
Transfer need not be effected if, within the same time period, the requested
information is determined to be in the control of the respondent authority and the
competent authority, upon being notified of the specifics of the request, has no
objections to the respondent authority processing the request. The respondent
authority shall thus be deemed to be the competent authority and shall process the
request in accordance with Article 14.
2. Should the competent authority not be locatable and the respondent authority have
control of the requested information, the respondent authority shall be deemed to
be the competent authority. Should the competent authority not be locatable and
the respondent authority not have control of the requested information, the
respondent authority shall, within the time period provided for in subsection (1),
provide the requester with written notice that the request cannot be processed for
this reason.
Article 14
Procedure Upon Receipt of a Request by the Competent Authority
1. Upon receiving a request for access to information, the competent authority shall
take all reasonable measures to collect the requested information and shall
consider all facts and circumstances pertinent to the processing of the request.