What information can be accessed?

Any recorded information regardless of its date or form (written, audio, or visual) or its medium (paper or electronic) produced or obtained by the structures subject to the provisions of the basic law relating to 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 it has been published proactively, or by submitting a request for access to information to the concerned institution if the requested information is not published.

What are the penalties guaranteeing the right of access to information?

Anyone who deliberately obstructs access to information in structures subject to the access to information law is liable to a fine ranging from 500 to 5000 dinars. Anyone who intentionally destroys information illegally or incites another person to do so is liable to one year imprisonment and a fine of 120 dinars.

What are the possible formats for accessing information?

When submitting an access request, the applicant must specify the desired format, either by requesting:

Consultation of the information on site, provided it does not cause damage,

– Obtaining a paper copy of the information,

– Obtaining an electronic copy when possible,

– Or obtaining extracts from the information.

The request may be submitted either:

1- Directly to the concerned institution against a receipt delivered for this purpose.

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

Which structures are subject to the access to information law?

- Presidency of the Republic and its structures

- Presidency of the Government and its structures

- Assembly of the People's Representatives and its structures

- Ministries and all supervised structures inside and outside the country

- 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, the Court of Auditors

- Constitutional bodies

- Independent higher authorities

- Regulatory authorities

- Private legal persons managing a public service

- Organizations and associations benefiting from public funding

Are there fees for accessing information?

Everyone has the right to access information free of charge. However, if providing the information requires costs, the applicant is informed in advance of the required payment, which must not exceed the actual expenses incurred by the concerned structure. Cases where access requires payment are strictly defined by legal texts and no payment can be requested without a legal basis. When the law requires payment for accessing certain information or formats, proof of payment must be provided before obtaining it.

How to appeal decisions refusing access to information?

An appeal may be submitted to the head of the concerned institution within a maximum period of 20 days following notification of the decision. The head of the institution must respond as soon as possible and within a maximum of 10 days from the date of submission. Failure to respond within this period constitutes an implicit refusal.

In case of explicit or implicit refusal, the applicant may appeal to the Access to Information Authority within 20 days from the notification date or the implicit refusal date. It is also possible to appeal directly before the Authority within the same deadline.

What is the role of the person responsible for access to information?

The access to information officer is a key element in implementing the provisions of Basic Law No. 22 of 2016 relating to the right of access to information. This person is appointed by the head of the concerned institution along with a deputy by official decision including their identity and position.

The officer is mainly responsible for:

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

What are the deadlines for responding to an access request?

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

If the request is refused, the refusal must be justified in writing with information about appeal procedures.

1. If the request concerns a person's life or freedom, the response must be given within 48 hours.
2. No response within the legal deadline is considered an implicit refusal.
3. If the information belongs to another structure, the applicant must be informed within 5 days.
4. The deadline may be extended by 10 days if multiple documents are requested.

*In all cases, failure to respond within the legal deadline is considered an implicit refusal that can be appealed.