Standard 6. There is a designated supervisory authority overseeing the implementation of the legislation on public information with the power to set standards, make prescriptions and impose sanctions.

Requesters have the right to lodge an external appeal with an independent administrative oversight body. Its decisions are binding and incorporate the power to order appropriate remedies, including the declassification of information. In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.

Summary

All analysed legislations envisage the right to an external appeal with an independent administrative oversight body. Mandate, powers and the binding nature of its decision range considerably, as do the rules on its power to order appropriate remedies for the requester. The lack of powers stems both from the choice of the independent oversight body and the legislative inadequacies.

ALB BIH KOS MNE MKD AVG
Right to appeal
3
3
3
3
3
3
Mandate of oversight body
3
1
2
2
3
2.2
Power to order remedies
3
1
3
1
2
2
Burden of proof in appeal process
1
0
0
0
0
0.2

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

Right to appeal Mandate of oversight body Power to order remedies Burden of proof in appeal process