Current state of play
The chart below shows the score of each indicator. You may change the sorting order by clicking on Ascending or Descending. You may also filter the data by clicking on the country name.
Average
Highest Score
Average, 2021
Standard 5. Exceptions to free access to information are clearly formulated in law and not extensive, while a public interest override and harm test are envisaged and applied
All restrictions on FAI must be clearly and explicitly specified by law. They must be necessary in a democratic society and proportional to the objective they seek to protect. FAI may be denied if the release of information would or could affect any of protected interests, unless there is an overriding public interest to make such information available to the public.
Summary
The analysed laws do not envisage a presumption that the public’s interest to know trumps secrecy provisions. They prescribe that FAI can be restricted in limited cases and following a harm test: the limitations are set both in FAI and other norms. This leaves a broad field for interpretation and a wide margin of appreciation in deciding on whether to allow access to information or not.
| ALB | BIH | KOS | MNE | MKD | AVG | |
|---|---|---|---|---|---|---|
| Standards in RTI law trump restrictions | 3 | 3 | 3 | 0 | 3 | 2.4 |
| Limitations are set in law | 2 | 1 | 1 | 1 | 1 | 1.2 |
| Harm test applies to all exceptions | 3 | 3 | 3 | 1 | 2 | 2.4 |
| Mandatory public interest override | 2 | 1 | 1 | 3 | 1 | 1.6 |
| Severability clause | 3 | 2 | 2 | 3 | 2 | 2.4 |
| Refusal must state grounds | 3 | 3 | 3 | 2 | 2 | 2.6 |