information access space

What information is accessible?

Any recorded information, regardless of its date, form (written, audio, or visual), or medium (paper or electronic), produced or obtained by the entities subject to the organic law on the right of access to information within the framework of their activities.

How can information be accessed?

Information can be accessed either by consulting the concerned institution’s website if the information is proactively published, or by submitting a request for access to information if it is not published.

What penalties guarantee the right of access to information?

Any person who deliberately obstructs access to information within institutions subject to the access to information law may be fined between 500 and 5000 dinars. Any person who intentionally destroys information illegally or incites another person to do so is also liable to one year of imprisonment and a fine of 120 dinars.

What are the possible forms of access to information?

When submitting a request, the applicant must specify the desired format:

Consultation of information on-site provided it causes no harm,

– Obtaining a paper copy of the information,

– Obtaining an electronic copy whenever possible,

– Or obtaining extracts from the information.

The request may be submitted:

1- Directly to the concerned institution against a receipt.

2- By registered mail, fax, or email with acknowledgment of receipt.

Which institutions are subject to the law on the right of access to information?

- The Presidency of the Republic and its institutions

- The Presidency of the Government and its institutions

- The Assembly of the Representatives of the People and its institutions

- Ministries and their affiliated institutions inside and outside the country

- The Central Bank

- Public institutions and enterprises and their representations abroad

- Local and regional public structures

- Local authorities

- Judicial bodies, the Supreme Judicial Council, the Constitutional Court, and the Court of Auditors

- Constitutional bodies

- Independent higher authorities

- Regulatory authorities

- Private legal entities managing a public service

- Organizations and associations benefiting from public funding

Are there fees for accessing information?

Every person has the right to access information free of charge. However, if providing the information requires costs, the applicant shall be informed in advance of the required payment, which must not exceed the actual expenses incurred by the concerned institution.

How can decisions refusing access to information be challenged?

An appeal may be submitted to the head of the concerned institution within a maximum period of 20 days from notification of the decision. The head of the institution must respond as quickly as possible and no later than 10 days after submission. Failure to respond within this period constitutes an implicit refusal.

In the event of an explicit or implicit refusal, the applicant may appeal to the Access to Information Authority within 20 days from notification or implicit refusal. It is also possible to directly refer the matter to the Authority within the same period.

What is the role of the Information Access Officer?

The Information Access Officer plays a key role in implementing the provisions of Organic Law No. 22 of 2016 related to the right of access to information. This officer and a deputy are appointed by official decision of the head of the concerned institution.

Main responsibilities include:

1. Receiving, processing, and responding to requests for access.
2. Ensuring coordination between the institution and the Access to Information Authority.
3. Preparing an action plan to strengthen the right of access to information.
4. Preparing quarterly reports.
5. Preparing an annual report on access to information.
6. Monitoring the implementation of the action plan.

What are the response deadlines for an information access request?

The concerned institution must respond within a maximum of 20 days from receipt of the request. If the request concerns on-site consultation, the deadline is 10 days.

In case of refusal, the decision must be justified in writing with indication of appeal procedures.

1. If the request concerns the life or freedom of a person, a response must be provided within 48 hours.
2. Failure to respond within the legal deadlines is considered an implicit refusal.
3. If the information belongs to another institution, the applicant must be informed within 5 days.
4. The deadline may be extended by 10 days if several documents are requested.

*In all cases, failure to respond within the legal deadlines is considered an implicit refusal subject to appeal.