16- Annual report outlining the implementation of this law.
17- Other information as deemed necessary by the Commission.
(2) After finalization, important information and documents including contracts shall be put to
public access in a manner that is understandable and easily accessible to common people.
(3) Institutions shall create an information bank (data base) for a better preservation of
documents and information as well as to facilitate public access to information.
(4) Institutions shall publish information on their website in a format that is machine readable.
(5) Individuals may re-use the information made public by an institution.
Prohibitions
Article 16
(1) In the following instances, public access to information is prohibited:
1- If the disclosure would harm independence, national sovereignty, territorial integrity,
and public security.
2- If the disclosure would harm Afghanistan’s political, economic and social relations with
other countries.
3- In case it would endanger the life and properties of an individual.
4- In case it becomes a barrier in the process of detection or prevention of a crime.
5- In case it adversely affects detection, investigation or prosecution of a suspect or a
precautionary measure in such cases.
6- In case it adversely affects fair trial or enforcement of verdict.
7- In case it violates the privacy of an individual.
8- In case information is harmful to legitimate commercial interests, private properties and
bank accounts, unless disclosure is allowed under any other law in force.
(2) The following cases are exempted from clause 7 and 8 of Article 16 (1):
1- In case a competent court approves disclosure of personal information.
2- In case the copyright law and competition support law and all other legislative documents
are not violated.
(3) Information under Article 16 (1) shall be made available if it is in the public interest.
(4) The public interest under Article 16 (1) shall be determined by the relevant institution.
(5) Where a request for information relates to information provided on a confidential basis by a
third party, the institution shall contact that third party with a view to obtaining either his
or her consent to disclosure of the information or objection to disclosure, provided that
where he or she objects to disclosure, his or her objection shall be taken into account, but
the decision as to whether or not the information falls within the scope of the prohibitions
shall be assessed by the institution.
(6) No prohibition shall be applied to information which is more than 20 years old, provided
that this may be extended, in exceptional cases, for up to a maximum of another ten years,
at the recommendation of the highest level official responsible for the institution which
holds that information and with the approval of the Commission.