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CAMBODIA

Cambodia: Draft Law on Access to Information

Appendix: Draft Law on Access to
Information of Cambodia

KINGDOM OF CAMBODIA
NATION RELIGION KING
Proposed LAW ON ACCESS TO IN FORMATION

Chapter 1
General Provisions

ARTICLE 1- OBJECTIVES
This law aims to:
a. Provide access to information held bythe government and public institutions in accord
with a principlethat provision of the information is in the public interests.
b. Create obligations of the public institutions to publish some important information,
especiallythe one that affects the public.
0. Create a right that brings about amendments to any records carrying the information about
individuals and the one that is not full, inaccurate, not-update or conducive to confusion.
d. Promote transparency, accountability and effective governance in public and private
institutions by empowering and educating all people to:
- Understand their rights related to this law and exercise these rights to contact with the
public and private institutions.
- Understand about the roles and operations of the public institutions.
- Make effective consideration and participate in decision-making process of the public
institutions affecting their rights.

ARTICLE 2- DEFINTION
If not otherwise stipulated the terms in this law:
- ‘Body’ means public or private bodies as defined.
— ‘Government’ means the Royal Government of Cambodia
— ‘Information Officer’ means an individual with specific responsibility under this law and
appointed by each public body.
- ‘Officials’ mean individuals employed by relevant body whether permanent or casual and
full-time or part-time employees.
- ‘Minister’ means Minister of Information.
- ‘lndividuals’ mean physical persons of any race or nationality or entities of legal natures.
— ‘Personal information’ means pieces of information including information that forms part
of a data list or a comment whether or not it is true and recorded in the form of
documents or others regarding individuals that can be identified through that information
or comment.
— ‘Public bodies’ mean entity or authority or companythat:

a) Is established by or under the Constitution.

b) Is created by law for public purpose.

C) Is ministry.

d) Forms part of level or institution of the government.

e) Is held, controlled or sustainably financed by the government at different levels

or
Carries out a statutory and public function.

g) Contracted by public body to undertake statutory duty or public function in lieu
of that body (on its behalf).

If the body or authority listed in items (f) and (g) is public body whose scope of roles defined bylaw or
their public function.
“Publish” means make available in a form generally accessible to public including
printing, broadcasting and electronic forms of dissemination.

- 'Record' includes any recorded information, regardless of its form, source, date of
creation, or official status, whether or not it was created by the body that holds it and
whether or not it is classified.

— 'Record of public body' means a record belonging to a body whether it was created bythat
body or other bodies.

— 'Requester' means individual making requests for information.

- 'Minister in charge' means:

a. Related to the Ministry - the Minister in charged of relevant ministry or
b. Related to a public body, the Minister who manages aspects of law that or
pursuant to the provisions that create that public body.

ARTICLE 3- INTERPRETATION

When interpreting this law every individual or body (including courts) shall use a reasonable
interpretation to promote the purpose stated in Article 2. All discretions provided by this law shall be
used as much as possible to facilitate and promote the access to information in a timely manner and at
a very low cost.

ARTICLE 4- THE LAW APPLYING TO COURTS AND OTHER TRIBUNALS
a. All courts and tribunals are public institutions.
b. Individuals holding judicial positions (judges, prosecutors, arbitrators or members of a
tribunal) are not public body, and as such, cannot be considered public body.
0. Courts’ Registration Office or other offices and staff of the courts’ registration office or
other offices are considered parts of the courts (including courts’ clerks) while performing
functions of those offices.

However, this law shall not apply to any request for the courts’ or tribunals’ records unless they are
related to administrative issues or judgments of the courts or tribunals.

ARTICLE 5- RELATIONSHIP WITH OTHER LAWS

This law shall override other laws that prohibit or prevent the disclosure of the public (or private) body’s
records and become a supreme law on disclosure of information. However, no provision of this law shall
prohibit or prevent the information disclosure under other laws, regulations, policies or practices.

CHAPTER 2
DUTY TO PU BLISH CERTAIN RECORDS

ARTICLE 6- DUTY TO PUBLISH
1. Every public body shall, in the public interest, publish and disseminate in an accessible
form, at least annually, key information including but not limited to: e
a. a description of its structure, functions, duties and finances
b. relevant details concerning any services it provides directly to members of the
public
0. a description of the powers and duties of its senior officers, and the procedure it
follows in making decisions
d. annual budget with information about each expenditure item in the current fiscal year
e. Accounts audited on the previous fiscal years
any regulations, policies, laws, guides or manuals regarding the discharge by that
body of its functions

g. any direct request or complaints procedures available to members of the public
regarding acts or failures to act bythat body, along with a summary of any
requests, complaints or other direct actions by members of the public and that
body’s response

h. a simple guide containing adequate information about its record-keeping systems,
thetypes and forms of information it holds, the categories of information it
publishes and the procedure to be followed in making a request for information or
requesting for correcting the information

i. the content of all decisions and/or policies it has adopted which affect the public, along with the reasons for them, any authoritative interpretations of them, and any important background material

j. any mechanisms or procedures by which members of the public may make
representations or othenNise influence the formulation of policy or the exercise of
powers by that body.

2. The Ministry of Information shall guarantee to publish in a directory released for common use of the public members the post office and address, street, fax number and phone number and e-mail (if available) of the chief of the information disclosure office of all public bodies at its own costs.

ARTICLE 7- OBLIGATION TO PU BLISH

All public bodies shall providethe following information for public information at their offices.
a. All decisions which have direct effects on a private individual, including a
dissenting opinion and an order relating thereto;
b. A work-plan, project and annual expenditure estimate of the year of its preparation
(once a report is made thereafter)
0. Publications with summary or references under article 6 (a), (b) or (c).
d. A concession contract, agreement of a monopolistic nature or joint venture
agreement with a private individual for the provision of public services
e. All resolutions by the Ministry of Information related to public bodies.
f. Other information of this kind defined by the Ministry of Information.

Each person shall have the right to inspect or receive copies of information mentioned in item 1 whether or not he/she is interested in the relevant issues. The Law may define that the fee will be charged for provision of the copy of information listed in item 1, but that such service fee must not exceed the actual expense made by the public body that provides the copy.

ARTICLE 8- OBLIGATION OF THE COURTS TO PUBLISH

1 . The courts shall make available all decisions they have made in the past five years for the public members to inspect and copy at their registered offices. Whether they are interested or not, individuals have the right either to inspect or receive copies of the decisions. The Law may define that the fee will be charged for provision of the copy of information listed in item 1, but that such service fee must not exceed the actual expenses made by the courts that provide the copies.

All decisions and orders made by the courts of Cambodia after the Law comes into force shall be made available for public inspection.

ARTICLE 9- OBLIGATION TO PUBLISH OF THE GOVERNMENT

The Government of Cambodia shall immediately publish to the public members the information about
draft laws, regulations, policies and other documents of public interests as soon as those documents reach the Office of the Council of Ministers.

ARTICLE 10- FAILURES TO PUBLISH OR GIVE

Individuals, who think that the public bodies do not publish or make available their necessary
information under articles 6, 7, 8, 9 or 10 for public inspection, shall have the rights to complain with
the information Commissioner.

ARTICLE 11- GUIDANCE ABOUT OBLIGATION TO PUBLISH

The Commissioner shall publish a guide on minimum standards and best practices regarding the
obligation of public bodies to publish pursuant to articles 7, 8 and 9. Upon request, the Commissioner
shall also provide advice to a public body regarding the obligation to publish.

CHAPTER 3
M EASU RES TO PROMOTE OPEN ESS

ARTICLE 12- GUIDE FOR USING THIS LAW

2.
3.

Twelve months after this law come into force, the Commissioner shall compile a clear and simple guide, in an accessible form, containing practical information to facilitate the effective exercise of rights under this Law.

The guide shall be written in both Khmer and English.

The guide shall be updated on a regular basis, as necessary

ARTICLE 13- RECORD-KEEPING

Every public body is under an obligation to maintain its records in a manner which
facilitates the right to information, as provided for in this Law, and in accordance with the
Code of Practice stipulated in item 2.

The Commissioner shall, after appropriate consultation with the Minister and interested
parties, issue a Code of Practice relating to the keeping, management and disposal of
records, as well as the transfer of records to the National Archives. The Code of Practice
shall be from time to time updated as the Commissioner considers as necessary.

The Minister shall issue ministerial orders on a yearly basis to have the public bodies
respect and comply with the Code of Practice.

ARTICLE 14- REPORTS TO INFORMATION MINISTER AND COMMISSIONER

The Information Officer of every public body shall annually submit to the Information
Minister and Commissioner a report on the activities of the public body on December 31 st
(Annual report) to promote compliance with this law. The annual report shall include
information about:

a. the number of requests for information received, granted in full or in part, and

refused

b. how often and which section of the Law were relied upon to refuse, in part or in
full, requests for information
number and status of appeals from refusals to communicate information
fees charged for requests for information
its activities pursuant to article 6 (dutyto publish)
its activities pursuant to article 13 (maintenance of records)
its activities pursuant to section 16 (training of officials).
The Commissioner shall sequentially arrange annual information obtained from each public
body and annually sumit a summary report to the parliament in two years after
acknowledging the receipt of report from each public body.
Each public body shall publish annual report directly on its website after the annual report
was submitted to parliament as per item 2 above. Copy of annual report of every public
body shall be made publicly available at their offices free of charge.

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ARTICLE 15- INFORMATION OFFICER
1- Every public body shall appoint an Information Officer. The public body shall ensurethat
members of the public have easy access to relevant information concerning the Information
Officer, including his or her name, function and contact details.

2- The Information Officer shall have the following responsibilities to:
a. promote within the public bodythe best possible practices in relation to record
maintenance, archiving and disposal
b. serve as a central contact within the public body for receiving requests for information
o. assist individuals seeking to obtain information, including assistance in preparing
information request in accordance with this law
oi. Have comprehensive knowledge of types of available information held by a public body
e. Take main responsibility within public bodies for researching information, issuing
decisions on provision of information, response to requests for information and making
information available
f. Assist other officials of public bodies in researching for records containing information,
which serves as a subject of requests
g. Together with chiefs of other relevant information of public bodies, decide which
information or record should or should not take exemptions
3- In his or her duties, the Information Officer of public bodies may receive assistance from
several deputy information officers as necessary.
4- Office chiefs of public bodies shall provide assistance for the Information Officer in
researching for information, which forms a subject of requests of the Information Officer.

ARTICLE 16- TRAINING OF OFFICIALS
Every public body shall ensure the provision of appropriate training for its officials on the right to
information and the effective implementation of this Law.

CHAPTER 4
ACCESS TO RECORDS

ARTICLE 17- ACCESS TO INFORMATION
Everyone shall have the right of access to information, including the right to obtain information owned
by public bodies, subject onlyto the provisions of this Law.

ARTICLE 18- RIGHT OF ACCESS
1- Any person can make a request for available information held by a public body. Any person
making a request for information to a public body shall be entitled, subject onlyto the
provisions of this Law:
a. To be informed whether or not the public body holds a record containing that
information or from which that information may be derived, and
b. To inform that source provide such information or record to that person. If the
public body does hold such record shall provideto public without limitation in
twenty five years after the record has been created. Twenty five years after the
record has been created such record shall be transferred to the National Archives,
where documents can be made available freely for individuals to inspect.

2- For the purpose of this Law, a public or private body holds record if:
a. the body has physical management over that record (rather than in place of other
person) or
b. Another person maintains the record in place of a public or private body

3- Subject to this Law, the right of the person access to information stated in item 1 above is
not affected by:
a. the reasons that the requester gives for requesting information or
b. belief of the information officer in what constitutes reasons of the person
requesting for information.

1- A request for information is a request in writing to any official of a public or private body
that is in sufficient detail to enable an experienced official to identify, with reasonable effort, whether or not the body holds a record with that information. The request for information shall include:

a. Name of the requester

b. Address, telephone number or email (or a combination of these) so that the public body can contact the individual requester.

0. Nature of information being requested and

d. Mail or delivery by hands to the public body.

Subject to item 1 above, the Minister may encourage the requester to use a normal legal
standard for making a request for information and shall send that legal standard to the Information Officer of the relevant public body to process the information request in a sequential and timely manner.

A request for information may show a requirement for a form for giving and a form for delivery of information. All forms shall include this question. A request for information shall be valid whether or not the requester answers the question.

Officials of public bodies who receive a request for information may transfer that request to
the Information Officer within 24 hours after acknowledging the receipt of the request.

Where a request for information pursuant to Article 7 does not comply with the provisions
of items 1 and 6, the official who receives the request shall render such reasonable
assistance, free of charge, to enable the request to comply with item 1 above.

An individual who is unable, because of illiteracy or disability, to make awritten request for
information pursuant to item 1 may make an oral request, and the official who receives an
oral request shall, subject to article 4, reduce it to writing, including their name and
position within the body, and give a copy thereof to the person who made the request.

An official who receives the request for information may transfer the request to the

Information Officer of the public body for the purpose to comply with articles 5 and 6.
Officials of the public bodies, including the Information Officer, who receive requests for
information, shall provide the requester with a receipt documenting the request.

ARTICLE 20- TIMEFRAME FOR RESPON DING TO REQUESTS

Subject to item 3, a public body must respond to a request for information as soon as
reasonably possible and in any event within thirty working days of receipt of the request.
The Information Officer shall be mainly responsible for responding the request within this
timeframe.

Where a request for information relates to information which reasonably appears to be
necessary to safeguard the life or liberty of a person, a response must be provided within
48 hours.

where the request is for a large number of records or requires a search through a large
number of records, and where compliance within thirty working days would unreasonably
interfere with the activities of the body, a public body shall:

a. Provide as many documents as reasonably possible within 30 days.

b. Extend the period in item 1 to the extent strictly necessary, and in any case to not
more than twenty one days by notice in writing (or via phone if the requester does
not give mail address or email within the initial thirty day period

0. Provide all additional records during the extension period

Failure to comply with provisions of this article IS deemed to be a refusal of the request.

ARTICLE 21 - RESPONSE BY PUBLIC BODY

The response under article 16 shall be made in writing to be signed by the Information
Officer of the public body concerned and be provided for the requestor through mail, fax,
email or delivery by hands following the procedures suggested by the requestor.
The response shall show the decisions of the public body about:

a. Reception of the request

b. Refusal of the request based on exception

0. Refusal of the request based on the fact that records with the requested

information were not found or

d. Request is partially accepted and partially rejected.
3- The response must state:

a. the feeto be charged (if any) in accordance with article 22 relating to any part of
the request to be accepted or the form of information provided if that information
cannot be included in the response.

b. Adequate and detailed reasons for the refusal if any part of the request is not
granted.

0. That the public body: "cannot say whether or not it holds a record containing the
relevant information" and gives adequate and detailed reasons for it if there is a
refusal to say whether the public body holds or does not hold the record containing
the relevant information.

d. The right to appeal of the requestor

4- Relating to the request or part of the request that is accepted:

a. Provide information with a response if possible (e.g. if a record containing written
information and if the record containing less than 20 pages or if the information
can be held in electronic form or

b. If the information granted and the response can not apply, the response must
describe how the requestor may receive information and the information must be
granted soon.

5- If the record containing the information is left out and replaced with a copy the public
body can allow the requestor to inspect the record and fill it out again.

ARTICLE 22- SEVERABILITY OF EXCEPTIONS
1- If a record contains some information which is subject to an exception and other
information, which is not subject to an exception, any information in the record which is
subject to an exception shall be communicated.
2- The Information Officer of a public body shall make photocopy of a record and leave out
any part of the record in compliance with item 1 above.
3- Only Information Officer or Minister in charge shall decide to communicate a record in
part.
4- In case a photocopy of the record as per item 2 above, the requestor shall be informed:
a. That the record is a copy.
b. About the reasons of the removal and
0. About the provisions of this law, which consider any removed part an exception.

ARTICLE 23- MAINTAINENCE OF A RECORD UNTIL FINAL DECISION IS MADE ON THE REQUEST
If the Information Officer of a public body receives a request for a record of a public body the
Information Officer shall reasonably take all necessary steps to maintain that record without leaving out
any information containing in the record until the requestor receives a response and:
a. Atime limit for complaining with the Information Commissioner, appealing to a
tribunal or making an appeal to the tribunal’s decision is set or
b. Complaint, appeal to a tribunal or an appeal against the tribunal’s decision or
lawsuit proceedings in accordance with legal processes are finally determined
subject to the longest point.

ARTICLE 24- FEES

1- A request for information shall be free of charge pursuant to Article 12.

2- The communication or disclosure of information pursuant to a request under article 19
may be made conditional upon payment pursuant to items 6 and 7. The fee is listed in the
fee table.

3- If the information is not prepared in writing, the fee shall be reasonable and not exceed the
actual cost of searching for, preparing and communicating the information.

4- If the information is communicated in an electronic form the fee shall match with the
number of records granted using the fee table 1.

5- It is not imperative that payment be made before the information is communicated. If an
private company or NGO requests the information shall be made available pursuant to

article 15 (3) and the private company or NGO shall transfer the fee into the public body's
account within seven days upon acknowledgement of the receipt of the information.
6- All fees shall be paid to the Ministry of Information, not any public body. The Ministry of
Information shall issue a receipt of payment for each requestor.
7- If the requestor has not paid the fee the public body may refuse to process a subsequent
request for information of that requestor.
8- Payment of a fee shall not be required for requests for personal information.
9- The Minister may, after consultation with the Commissioner, make regulations providing:
a. for the manner in which fees are to be adjusted in the fee table 1
b. that no fee is to be charged in cases of which statute of limitation is ended, and
c. that any fee cannot exceed a certain maximum.

ARTICLE 25- MEANS OF COMMUNICATING OR RECEIVING INFORMATION
1- Where a request indicates a preference as to the form of communication of information, a
public or private body communicating information pursuant to a request for information
under item 3 shall, subject to do so in accordance with that preference.
2- A request may indicate the following preferences as to the form of communication of
information containing in a record:

a true copy of the record in permanent or other form

an opportunity to inspect the record available at the body

an opportunity to copy the record, using his or her own equipment

a written transcript of the words contained in a sound or visual form

a transcript of the content of a record, in print, sound or visual form where such

transcript is capable of being produced using equipment normally available to the

body; or
f. a transcript of the record from shorthand or other codified form.

3- A public or private body shall not be required to communicate information in the form
indicated bythe person making the request where to do so would unreasonably interfere
with the effective operation of the body or be detrimental to the preservation of the record.

4- Where a record exists in more than one language, communication of the record shall, from
among those languages, be given in accordance with the language preference of the person
making the request.

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ARTICLE 26- IF A RECORD IS NOT HELD OR NOT AVAILABLE

1- If steps are taken and completed in search of a record being requested or there is credible

evidence that:

a. Owned bythe public body, but not found or

b. Unavailable
The Information Officer shall notify the requestor (by means of response under article 19)
that the record cannot be communicated.

2- The notification under item 1 above shall contain complete information about all steps
taken to research for the record needed or to determine whether or not the record is
available as soon as practicable, including communication with individuals involving in
researching for the record in place of the Information Officer.

3- For the purpose of this law, a necessary response shall be considered a decision refusing
the request for the record.

4- If, after notification is given, the required record is found the requestor shall receive that
record, except the access is refused under another article of this law.

5- As soon as all relevant researches are completed, where an Information Officer believes that
that request relates to information that is not contained in any record held bythe public
body, but is likely contained in any record held by another public body, the official may
transfer the request to the Information Officer of that public body as soon as possible and
notify the requestor accordingly.

6- Where a request is transferred pursuant to item 5, the time limit for responding to requests
under article 16 shall begin to run from the date of transfer. The transfer shall be made
between the initial 30 days of the response period.

ARTICLE 27- VEXATIOUS, REPETITIVE OR UNREASONABLE REQUESTS

1- A public or private body is not required to comply with a request for information, which is
vexatious or where it has recently complied with a substantially similar request from the
same person.

2- A public or private body is not required to comply with a request for information where to do
so would unreasonably divert its resources. In this case, the public body shall comply with a
request for information only in asituation where the information can be communicated
easily and does not unreasonably divert its resources.

3- In response under article 17, if a public body relies upon item 2 thereof the requestor may
file a complaint with the Information Commissioner pursuant to article 46.

ARTICLE 28- INFORMATION OFFICE

1- As soon as practicable, after the commencing of this law, but not later than three months
after this date, the Minister shall publish a report about the addresses of the Royal
Government of Cambodia’s offices nationwide that serve information for the purpose of this
chapter. There shall be at least one information office in each province/city.

2- The person who is granted the to examine the original records or has access to records that
are not in written forms as per article 21 shall inspect or access the records available at
the information office (with reasonable equipment for communicating information in any
form requested) that is nearest to his/her normal residence.

3- The Information Office shall be served by people from the Ministry of Information (or
Information Commissioner).

4- Not any of the following articles are applied to prevent the public body or Minister that
receives a request from a requestor accessing in a special form from communicating that
document in any form other than the requested one pursuant to article 21 (3).

5- The person who accesses a document at the Information Office shall not be required to pay
the fee he/she has to pay in case he/she accesses the document in any place nearest to the
place where records are normally kept.

CHAPTER 5
EXCEPTIONS

ARTICLE 29- INFORMATION ALREADY PUBLICLY AVAILABLE
Notwithstanding any provision in this section, a public body may not refuse to communicate
information where the information is already publicly available.

ARTICLE 30- SEVERABILITY

If a request for information relates to a record containing information which, subject to this section,
falls within the scope of an exception, any information in the record which is not subject to an
exception shall, to the extent it may reasonably be severed from the rest of the information, be
communicated to the requestor.

ARTICLE 31 - INFORMATION THAT AFFECTS THE NATIONAL SECURITY, DEFENSE OR
INTERNATIONAL RELATIONS

1- A public body may refuse to indicate whether or not it holds a record, or refuse to
communicate information, where to do so would, or would be likely to, cause serious
prejudice to the defense or national security of Cambodia.

2- A public body may refuse to indicate whether or not it holds a record, or refuse to
communicate information, where to do so would, or would be likely to, jeopardize the
international relations of the Kingdom of Cambodia or leak any information or issues
communicated by the foreign governments or their representatives and authorities of the
foreign governments or international organizations for the public body.

ARTICLE 32- HEALTH AND SAFETY

A public body may refuse to indicate whether or not it holds a record, or refuse to communicate
information, where to do so would, or would be likely to, endanger the life, health or safety of any
individual.

ARTICLE 33- LEGAL PRIVILEGE

A public body may refuse to indicate whether or not it holds a record, or refuse to communicate
information, where the information is privileged from production in legal proceedings, unless the person
entitled to the privilege has waived it.

ARTICLE 34- LAW ENFORCEMENT
A public body may refuse to indicate whether or not it holds a record, or refuse to communicate
information or records, where to do so would, or would be likely to, cause serious prejudice to:
1- the prevention or detection of crime
2- the apprehension or prosecution of offenders
3- the administration of justice
4- the assessment or collection of any tax or duty
5- the operation of immigration controls or
6- the assessment by a public body of whether civil or criminal proceedings, or regulatory
action pursuant to any enactment, would bejustified.
Or in case may:
1- Reveal existence or identity of secret source of information relating to the implementation
or management of the law.
2- Endanger the life or physical security of individuals.

ARTICLE 35- PUBLIC ECONOMIC INTERESTS
1- A public body may refuse to indicate whether or not it holds a record, or refuse to
communicate information, where to do so would, or would be likely to, cause serious
prejudice to:
a. the ability of the Royal Government to manage the economy of Cambodia
b. legitimate financial or commercial interests of the public body
2- Item 1 does not apply insofar as the request relates to the results of any product or
environmental testing, and the information concerned reveals a serious public safety or
environmental risk.

ARTICLE 36- POLICY AND INTERNAL OPERATIONS
1- A public body may refuse to indicate whether or not it holds a record, or refuse to
communicate information, where to do so would, or would be likely to:
a. cause serious prejudice to the effective formulation or development of government
policy
b. significantly undermine the deliberative process in a public body by inhibiting the
free and frank provision of advice or exchange of views
0. seriously frustrate the success of a policy, by premature disclosure of that policy or
d. significantly undermine the effectiveness of a testing or auditing procedure used
by a public body.
2- Item 1 does not applyto facts, technical data or statistical information.

ARTICLE 37- PROTECTION OF SECRET INFORMATION AND COMMERCIAL INFORMATION
1- A public body may refuse to communicate information or reveal records if:
a. The information is obtained from athird party and the communication of such
information can be used for accusation of breach of trust.
b. The information is obtained secretly from athird party and:
- The information is of commercial confidentiality.
- Communication of that information may or is likely cause serious
prejudices to financial or commercial interests of that third party.

ARTICLE 38- PROTECTION OF RECORDS THAT AFFECTS PRIVACY OF INDIVIDUALS

1- A public body may refuse to indicate whether or not it holds a record, or refuse to communicate
information, where to do so would involve the unreasonable disclosure of personal information
about a natural third party.

2- The refusal under item 1 may not be made based on only reasons of inclusion of issues related
to a natural third party in the document.

3- The refusal under item 1 does not apply if the personal information reveals or confirms the
commitment of criminal offenses the third party has not been convicted.

4- Item 1 does not apply if:

a. The third party effectively consented to the disclosure of the information

b. The person making the request is the guardian of the third party or the next of kin of a deceased third party

0. The third party has been deceased for more than 10 years or

d. The individual is or was an official of a public body and the information relates to
his or her function as a public official.

5- If any part of the record containing personal information unreasonable for disclosure can be
severed or removed from the remaining part of the document the public body will cut off the
personal information and will communicate the remaining part of the record to the requestor.

6- Under this article, “unreasonable” includes financial information, health and medical records,
criminal and arrest records and tax records of a natural third party.

ARTICLE 39- TIME LIMITS
1- The provisions of articles 31 -36 apply only inasmuch as the harm they envisage would, or
would be likely to, occur at or after the time at which the request is considered.
2- Provisions of articles 31 -36 do not apply to a record which is more than 25 years old.

ARTICLE 40- PUBLIC INTERESTS OVERRIDE

Notwithstanding any provision in this Part, a body may not refuse to indicate whether or not it holds a
record, or refuse to communicate information, unless the harm to the protected interest outweighs the
public interest in disclosure.

CHAPTER 6
IN FORMATION COM MISSION ER

ARTICLE 41- NOMINATION OF THE INFORMATION COMMISSIONER

1- The Commissioner shall be elected based on a two-third majority vote of the National
Assembly and after a process in accordance with the following principles:

a. participation by the public and civil society in the nomination process
b. transparency and openness, and
c. the publication of a shortlist of candidates.

2- No-one may be appointed Commissioner if he or she:

a. holds an official office in, or is an employee of a political party, or holds an elected
or appointed position in national, provincial or local government or

b. has been convicted, after due process in accordance with internationally accepted
legal principles, of a violent crime and/or a crime of dishonesty o theft, for which
he or she has not been pardoned.

3- The Commissioner shall hold office for a term of seven years, and may be reappointed to
serve a maximum of two terms, but may be removed only if he/she is convicted of a
criminal offense or consecutively fails to fulfill his/her duties under this law. Removal of
the Commissioner shall require a two-thirds majority vote of the National Assembly.

ARTICLE 42- INDEPENDENCE AND POWERS OF THE COMMISSIONER
1 . The Commissioner shall enjoy operational and administrative autonomy from any other
person or entity, including the government and any of its agencies, except as specifically
provided for by law.

2. The Commissioner shall have all powers, direct or incidental, as are necessary to undertake
his or her functions as provided for in this law, including full legal personality, and the
power to acquire, hold and dispose of property.

ARTICLE 43- OFFICE OF THE INFORMATION COMMISSIONER
1 - The Commissioner may appoint such officers and employees as are necessary to enable
him or her to perform his or her duties and functions.
2- The Commissioner and his staff shall set up an information commissioner office ("Office").
The Office shall be divided into two parts: "Inspection Unit" and "Executive Unit". These
two units perform their duties separately and recruit employees respectively. The
Commissioner shall order and oversee the two units.

ARTICLE 44- THE COMMISSIONER’S DUTIES RELATED TO INSPECTION
1- In addition to any other powers and responsibilities provided for in this Law, the
Commissioner's duties related to monitoring:

a. monitor and report on the compliance by public bodies with their obligations under
this law

b. make recommendations for reform both of a general nature and directed at
specific public bodies

0. provide training for public officials on the right to information and effective
implementation of this law and co-operate with training activities provided by
public bodies

d. refer to the appropriate authorities cases which reasonably disclose evidence of
criminal offences under this law and

e. publicize the requirements of this Act and the rights of individuals under it.

ARTICLE 45- COMMISSIONER’S DUTIES RELATED TO COMPLAINTS
1- In addition to any other powers and responsibilities provided for in this Law, the
Commissioner's duties related to the implementation of this law include:

a. Investigating any official and unofficial complaints submitted to the Commissioner
by members of the public against a public body relating to the publication and free
flow of information in Cambodia

b. Deciding on complaints submitted by members of the public concerning the non-
disclosure of information or records by the public body.

0. Deciding on complaints submitted by members of the public concerning the
refusal to disclose the existence of information or records by the public body

2- In performing his/her functions under this law, the Commissioner shall try to attain the
purpose of rendering a fair, just, cost-effective, informal and quick decision-making process.

ARTICLE 4- TRANSFER OF DUTIES

The Commissioner may transfer his/her duties and responsibilities to any person in his/her office,
except the final decisions on complaints. The Commissioner shall personally make all final decisions on
complaints in accordance with laws and using his/her discretions. Especially, the Commissioner may
transfer all of his/her duties under articles 40 and 41 (1) while, at the same time, may reserve his/her
overall management roles on activities carried out by the Office staff according to those duties.

ARTICLE 47- FINANCES OF THE OFFICE AND COMMISSIONER

1- The Office of the Information Commissioner shall prepare its annual budget and receive
this budget from the Royal Government every year in an amount enough for performing its
fundamental duties and roles under this law.

2- The Commissioner shall be paid a salary equal to the salary of ajudge of the Supreme
Court. This salary shall constitute part of the annual budget of the Information
Commissioner's Office.

3- The Commissioner and his staff shall be entitled to be paid reasonable travel and living
expenses incurred in the performance of his or her duties if travel is necessary. The Commissioner shall publish its expenditure table, which is accessible, and specific amount
of money spent on the Commissioner's Office website.

ARTICLE 48- REPORTS OF THE COMMISSIONER

The Commissioner shall, within three months after the termination of each financial year,
submit to the National Assembly and Senate an annual report on compliance by public
bodies with this Law, the activities of his or her office and audited accounts of the office
during that financial year.

The Commissioner may from time to time send such other reports to the National Assembly
and Senate as he or she deems appropriate.

ARTICLE 49- PROTECTION OF THE COMMISSIONER

No criminal or civil proceedings lie against the Commissioner, or against any person acting
on behalf of or under the direction of the Commissioner, for anything done, reported or said
in good faith in the course of the exercise of any power or duty under this Law.

2- For the purposes of the law of defamation, libel or slander, anything said or any
information supplied pursuant to an investigation under this Law is privileged, unless that
information is shown to have been said or supplied with malice.

CHAPTER 7

ENFORCEMENT BY THE COMMISSIONER

ARTICLE 50- COMPLAINTS TO THE COMMISSIONER

Individual may file a complaint in writing with the Commissioner about decisions, actions
and inactive phenomenon of a public body relating to their roles and responsibilities under
this law. In this section, individual filing a complaint is called “complainant”.
A complaint shall include:
a. Complainant’s name
b. Address in a mail system, telephone number or email address (or all of these
combined) so that the Commissioner Officer can contact the complainant.
0. Name of the public body to be complained
d. Description of actions or inactive phenomenon under complaint and the complaint
must be sent by mail or delivered by hands to the Commissioner Office
An individual who is unable, because of illiteracy or disability, to make a complaint as per
ltems1 and 2 may make an oral complaint, and the Information commissioner office that
receives an oral complaint shall prepare it in writing and give a copy thereof to the person
who made the complaint.
The Office shall render assistance as requested or in preparing a complaint for another
person, who asked for help.
The Office shall provide a complainant with a letter documenting the receipt thereof when
it is presented by hands or mails or emails (as provided by the complainant).

ARTICLE 51 - RESPONSE TO THE COMPLAINT

The Commissioner responds to any complaints in relation to requests for information and
accusing a public body of:

a. refusing to indicate whether or not it holds a record, or to communicate
information
failing to respond to a request for information within the time limits
failing to provide a notice in writing of its response to a request for information
failing to communicate information in a timely manner
charging an excessive fee or
failing to communicate information in the form requested

seeps:

By making a decision on the complaint (“Decision in Chapter 3”) as provided for in article 48.

The Commissioner responds to complaints about other issues under this law other than
issues mentioned in item 1 in a manner that is provided for in Article 49.

ARTICLE 19 — Free Word Centre, 60 Farringdon Rd, London EC1 R 3GA —www.article19.org — +44 20 7324 2500

Page 29 of 43

Cambodia: Draft Law on Access to Information

The Commissioner may summarily reject applications, which are frivolous, vexatious or
clearly unwarranted

ARTICLE 5 2- DECISIONS

The Commissioner shall be required to, subject to item 3, decide an application under
article 47 as soon as is reasonably possible, and in any case within 30 days.

Before making a decision, the Commissioner shall first conduct an investigation into the
complaint. At the same time, the Commissioner shall:

a. Provide detailed information about the complaint to the public body, but not
identify its name or contact details of the complainant within five working days
upon the acknowledgement of the receipt

b. Give the public body five working days to provide its views for the Commissioner

0. Provide additional comments on the information he/she has received from the
public body for the complainant within 2 working days after receiving those views
and

d. Give the complainant five working days to respond to those views in writing. The
time limits for this referral shall be specified in each communication bythe
Commissioner.

If the public body or complainant has not provided their views in writing within the time
limits the Commissioner shall carry out his/her decision-making process based on the
evidence he/she has. If the public body or complainant is late in providing their views as
mentioned in item 1 above, but still within the 30-day period and gives proper reasons for
such delay the Commissioner may use his/her discretions to decide whether or not the
delayed submission of the views is accepted using the principle of fairness for the parties
and the overriding aspects.

If the complainant is unable, because of illiteracy or disability, to give a response in writing
to the views of the public body the Information Commissioner's office has to listen to the
complainant's views and prepare them in writing, giving a copyto the complainant.

In coming to a decision pursuant to item 3, the Commissioner may:

a. reject the application

b. require the public or private body to take such steps as may be necessary to bring
it into compliance with its obligations under this law

0. require the public body to compensate the complainant for any loss or other
detriment suffered and/or

d. in cases of egregious or willful failures to comply with an obligation under Chapter
3, impose a fine on the public body

In making a decision on any application under article 45, the burden of proof shall be on the private body to show that it acted in accordance with its obligations under Chapters 3 and 4 of this law The Commissioner shall serve notice of his or her decision, including any rights of appeal, on both the complainant and the public body within thirty working days for making decision under article 38(1).

ARTICLE 53- OTHER DECISIONS

If the Commissioner is required to respond to the complaint under article 38 (2) he/she
shall decide on such application under as soon as is reasonably possible, and in any case
within 30 days.

Before making a decision, the Commissioner shall first conduct an investigation into the
complaint. At the same time, the Commissioner shall:

a. Give a notice on detailed information about the complaint to the public body, but
not identify its name or contact details of the complainant within five working days
upon the acknowledgement of the receipt of the complaint

b. Give the public body 10 working days (from the day of notice) to provide its views
in writing for the Commissioner

If the public body has not provided their views in writing within the time limits the
Commissioner shall carry out his/her decision-making process based on the evidence

he/she has. If the public body provides their views later than the time limits under item 2,
but before the Commissioner makes his/her decision the submission of the views can not
accepted.
In his or her decision pursuant to sub-section (1 ), the Commissioner may require the
public bodyto take such steps as may be necessary to bring it into compliance with its
obligations under Chapter 2, including by: —
a. appointing or changing an information officer
b. publishing certain information and/or classifying categories of information
0. making certain changes to its practices in relation to the keeping,
management and destruction of records, and/or the transfer of records to the
National Archives
d. enhancing the provision of training on the right to information for its officials
e. providing him or her with an annual report
f. in cases of egregious or willful failures to comply with an obligation under
Chapter 2, paying a fine.
The Commissioner shall serve notice of his or her decision, including any rights of appeal,
on the public body with a copy of the original version for the complainant within thirty days
for making decision under item 1.

ARTICLE 54- COMMISSIONER’S POWERS TO INVESTIGATE

In coming to a decision pursuant to article 52 or 53, the Commissioner shall have the
power to conduct a full investigation, including by issuing orders requiring the production
of evidence and compelling witnesses to testify.

The Commissioner may, during an investigation pursuant to item 1, examine any record to
which this Law applies, and no such record may be withheld from the Commissioner on
any grounds.

ARTICLE 55- COMMISSIONER'S INABILITY TO RESPECT THE TIME LIMITS

If the commissioner cannot make a decision he/she has to necessarily make under article
52 or 53 within 30 days, because the records to be debated are plentiful or because the
investigation is extensive he/she may delay the 30-day period to any period he/she finds
necessary. However, the delay shall, in any rate, not exceed 15 days. Both the complainant
and public body shall be notified of such delay under this article before the end of the 30-
day period.

The Commissioner shall decide, after 45 days, based on evidence he/she has in hands
then.

ARTICLE 56- REVIEW OF COMMISSIONER’S DECISIONS AND ORDERS

The complainant, or the relevant public body, may appeal to the court for a full review of a decision of
the Commissioner under article 52 or 53 that is submitted for review of the Information Disclosure
Tribunal within 28 days after the date on which the decision was made.

ARTICLE 57- BINDING NATURE OF COMMISSIONER’S DECISIONS

If there is no application for review within a time limit the Commissioner’s decision shall

be respected and followed.

When the time limit for application for review is gone:

a. Any fine ordered pursuant to article 52 (5) (d) or article 53 (4) (f) shall be paid bythe
public body to the Commissioner, who shall transfer this money into the public revenue
or to the Information Commissioner Office’s budget, providing that it has not yet
received its budget in full amount for the current financial year from the Royal
Government.

b. Any compensation ordered pursuant to article 52 (5) (0) shall be paid to the
complainant immediately.

ARTICLE 58- FAILURES TO RESPECT AND FOLLOW

Upon expiry of the 28-day period for application for review pursuant to article 56, if a public body
continues failing to comply with a decision pursuant to article 52 or 53, or has failed to execute an
order pursuant to article 62, the Commissioner may certify that in writing to the Supreme Court. The
Supreme Court shall issue an order for respect and execution of the decision by a necessary means,
including a fine up to 20 million Riels on the public body and/or officers of that body.

CHAPTER 8
INFORMATION DISCLOSURE TRIBUNAL

ARTICLE 59- STRUCTURE AND COMPOSITION OF THE INFORMATION TRIBUNAL
1- An Information Disclosure Tribunal (“Tribunal”) shall be established with at least 15
members, including the President of the Tribunal, who is nominated pursuant to item 2.
2- Members of the Tribunal shall be elected bythe Minister of Information in equal number:
a. Lower judges
b. Lawyers specialized and experienced in human rights laws and especially
accessible for information
0. Usually from among individuals having high profiles in communities regarding
their morality, capacity and the fields of information and public administration.

a. Widely announcing about the vacancies across Cambodia and calls for expression
of interests and

b. Allowing qualified candidates from public bodies and civil society organizationsto
stand for the elections and

c. Transparency and openness in the election process as well as

d. Publication of a shortlist of candidates

3- No-one may be appointed a member if he or she:

a. holds an official office in, or is a member or an employee of a political party, or
holds an elected or appointed position in national, provincial or local government
or

4- Members of the Tribunal shall be elected without discrimination against race or other
reasons as stipulated In Article 31, paragraph 2, of the Cambodian Constitution.

5- All members of the Tribunal shall have the following qualifications:

a. Aged 30 years old at least, but not older than 60 years old

b. Have high morale

0. Hold Bachelor Degree in Law awarded by any country or other equivalent law
certificates recognized by the Bars Association Of Cambodia

6- The President of the Tribunal shall be elected by the votes of its members. The members,
who stand for candidates as presidents of the Tribunal shall be judges of the lower courts.

7- A member shall hold office for the term of three years and may be re-appointed using the
same election process as mentioned in item 1.

8- A qualified foreigner elected a member of the Tribunal shall act as a member from time to
time to replace the permanent member.

9- A member of foreign nationality may hold a short term office if members and the Minister
consent.

10- The member of the Tribunal may be removed only if he/she is convicted of a criminal
offense or consecutively fails to fulfill his/her duties under this law. Removal of a Tribunal's
member shall require a majority vote of the other members of the Tribunal.

11- A qualified member of the Tribunal vacates office upon death or incapability or resignation
or being removed from the position pursuant to item 9 or holding office mentioned in item
3 (a) or other events resulting in the resignation of that member. A new member shall be
elected in accordance with procedures provided for in this law to ensure the new member
come from the same group pursuant to item 2: resignation of a member.

ARTICLE 60- ADMINISTRATIVE MANAGEMENT OF THE TRIBUNAL
1- The Tribunal Chairman shall take overall responsibility for administration of the tribunal
and ensures timely and orderly management of the tribunal.

2- The tribunal shall have a register and may employ people to keep the register and other
physical persons as needed to assist its members in performing their obligations, duties
and responsibilities.

3- The tribunal shall be based in Phnom Penh. However, the tribunal team can sit anywhere
else in Cambodia to conduct appeal hearings when appropriate based on the locations of
parties, witnesses and quantity of documents as well as financial resources of parties.

4- Each member shall be paid a salary equal to the salary of ajudge of the Supreme Court.

5- The member shall be entitled to be paid reasonable travel expenses if he/she is required to
outside Phnom Penh based on the receipt or determination prepared by the member and
launched in its website.

6- The tribunal shall have awebsite. All decisions and other relevant information of the
tribunal, its practices and procedures shall be posted on that website.

7- The tribunal shall prepare its annual budget with approval of its members before
submitting it the government. The tribunal shall receive this budget from the Royal
Government every year in an amount enough for performing its fundamental duties and
roles under this law.

ARTICLE 61 - ROLES AND POWERS OF THE TRIBUNAL
1- The tribunal’s role is to decide an appeal against the Commissioner’s decision. In making
this decision, the Tribunal interprets and applies this law in the same manner as the courts
do.

2- Members of the tribunal shall perform their roles independently. No one shall instruct the
tribunal or its members about its roles or its members’ roles.

3- Instead, the Tribunal shall have powers to formulate its rules and procedures. In making its
decisions, the Tribunal:

a. Shall not bind to comply with technical aspects, law or evidence, and
b. Shall follow a strong legal formalities and complaint’s substance

4. The tribunal shall have powers to review the Commissioner’s decisions and re-open
hearings about the whole dispute from the beginning. The tribunal may:
a. Summon any person to give evidence
b. Listen to the experts of related aspects
0. Require a public body to publish information or record of disputes or related to
the appeal

5- During the conduct of the appeal hearings on the Commissioner’s decision. the tribunal

may:
a. State that the decision was correct or
b. Revise the decision or
c. Reject the previous decision and replace it with a new decision.

6- The tribunal shall have all powers of the Commissioner pursuant to article 52 (6) and 53
(4) in requiring a public body to implement in a way its finds necessary to comply with this
law.

7- A member of the tribunal shall keep confidential any records and information it has
received from a public body for examination, except and until there is an approval for these
records to be touched.

8- A request submitted to the tribunal and procedures resulting from the request shall be free
of charge.

ARTICLE 62- REQUEST FOR REVIEW

1- Individual or a public body affected by the Commissioner’s decision made under article 52
or article 53 may submit their request for review “request” to the tribunal within 28 days
after the date on which the decision was made. The individual or public body filing a
request is called “requestor”.

2- A request shall include:

a.The requestor’s name
b.Address in a mail system, telephone number or email address (or all of these
combined) so that the Tribunal can contact the requestor.
0. Reasons the requestor believes the Commissioner’s decision was not correct
d.A copy of the Commissioner’s decision
And the requestor shall send the request by mail or deliver it by hands to the registered
office of the Tribunal

3- If the member has applied the law of procedures related to the request (especiallythe
request sent in a standard form) the request shall be sent in compliance with such law.

4- An individual who is unable, because of illiteracy or disability, to make a request as per
Items 2 and 3 the registered office of the Tribunal shall help him/her prepare it properly.

5- The registered office of the Tribunal shall render assistance as requested for every
individual and party regarding the procedures for completing the request form, legal
aspects of the hearing and information of the Tribunal and problems happened as a result
of this law or rules of the Tribunal, if they need help.

6- In making reviews by the Tribunal of the decision made by the Commissioner pursuant to
article 38, the burden of proof shall be on the public body to showthat it acted in
accordance with its obligations under Chapters 3 and 4 of this law.

ARTICLE 63- PRE-TRIAL PROCEDURES
1- Upon receipt of an application form, the registered office of the Tribunal shall:

a. Request and receive copies of documents of the Commissioner on the decision,
which is subject of the application within five working days.

b. Record the date of hearing about the application. This date shall not be less than 6
weeks and not exceeding three months after the date of request.

0. Give facts the request has received to the individual or public bodies affected by
the Commissioner’s decision under the review (“Appeal defendant”) by phone, fax,
email and/or deliver by hands the information based on the detailed information
containing in the initial notice of the the first complaint lodged with the
Commissioner within 2 working days upon the receipt of the copy of the
Commissioner’s document pursuant to (a).

d. State detailed contact information of the Appeal Defendant.

e. Provide through mail a copy of the application form to the Appeal Defendant
together with a letter notifying about actions that the Appeal Defendant has to or is
allowed to take and the deadline for those actions such as date and time of
hearing.

f. Give the Appeal Defendant 21 days starting from the notification date (e) to
respond the request and send this response in writing to the Tribunal. The response
must have detailed contact information of the Appeal Defendant.

g. Provide a copy of the response of the Appeal defendant to the Requestor within two
working days after the receipt thereof.

h. Send the Commissioner’s documents, requests and responses to the Tribunal’s
Chairman within two working days upon the receipt of response or date of response
if no response has been sent,

The Ofice shall do everything necessary to ensure that the schedule above is carried out and
the review process has been conducted efficiently from the date of request till the hearing
comes.

2- Three members represent the Tribunal to investigate and hear the request. The Tribunal’s
Chairman select three members to conduct hearing of each request and manage resource
allocation. At least one of the jury members shall become a judge of lower court.

The Tribunal’s Chairman selects three members to conduct hearing of the request within
two working days after receiving the documents from the registered office. The selected
members shall immediately notify the Chairman if there are legal reasons they cannot
conduct hearing of the request such as conflict of interests.lf thee are legal and valid
reasons on issues that might render the members unable to conduct hearing of the request
the Chairman shall select other chairman.
The Tribunal shall meet at least two weeks before the scheduled hearing date and shall:

a. Review the Commissioner’s documents, requests and responses.

b. Request for arrangement of records it is going to review.

0. Summon witnesses or experts it requires to submit evidence in the hearing and

d. Carry out investigation activities it decides as necessary.
Any information communication between the Tribunal and Parties prior to the hearing shall
be conducted through the Registrar Office. The Registrar Office shall take all reasonable
measures to ensure that the information is communicated to the receiver.

ARTICLE 64- PROCEDURES DU RING THE HEARING

All three members of the Tribunal shall be present in the hearing. However, if any member
is absent the other member attending it may replace him/her or if the other member is not
present, either, the hearing shall be put off between seven days after the date of the first
hearing.

The hearing shall be held in public at all times pursuant to item 4.

Parties may be represented by lawyers or other individuals they explicitly give a written
authorization to represent them.

During the hearing, the Tribunal shall allow for claims and then the Appeal Defendant (or
his/her representative) swear to follow the decision of the arbitrator. Then, the Tribunal
may ask the parties questions they need to ask. If the Tribunal need to ask:

a. About the public body.

b. About information containing in the records not communicated by the public body
claiming that it is their exception and a subject of the courtcase proceedings (“the
records to be debated”), and

c. The response to questions may reveal information containing in the records to be debated.

The Tribunal may close hearings for all individuals, except the public body and the representative of the public body, but only for the most necessary period to be implemented to enable the public body to respond to those questions. Then, the Tribunal shall re-open the hearing.

Parties have the rights to inspect proofs and evidence presented to the Tribunal, except the
records to be debated. Parties have the rights to examine witnesses testifying in the
tribunal. Nonetheless, parties are not required to answer questions that disclose the
information records to be debated, except that the Tribunal closes the hearing following
the same procedures as the ones provided for in item 4.

If the request for review involves with the Commissioner’s decision made pursuant to
article 52 of this Law the Tribunal shall notify the parties in the hearing that the burden of
proof shall be on the public body to show that it acted in accordance with its obligations
under Chapters 3 and 4 of this law.

After the hearing, the Tribunal shall recess to consider its decision.

ARTICLE 65- DECISION OF THE TRIBUNAL

The Tribunal shall make a decision as soon as is reasonably possible, and in any case
within 30 days after the hearing.
The decision shall be made in writing and include:

a. Names of the three members.

b. Names and adresses of the parties.

0. Summary of the proceedings

d. Description of facts

e. Substantiatial reasons for making decision, if any and references to provisions of this laws, regulations and policies

f. Decisions and orders of the Tribunal

g. The date on which the decision was made

h. Comments of disagreement, if any

i. Signature of each member.

3- Once the Tribunal has made its decision it shall give notice to the parties and invite them
to the Tribunal to read the decision.

4- Only one of the Tribunal’s members shall be asked to be present while the decision is
being read. This very member shall read the decision and reasons to the parties. The
member shall also ead the disagreement. Then, the member shall hand out a copy stating
the accuracy of the decision (including reasons and disagreement) to each party.

5- If any party does not attend to read the decision the Registrar Office shall send that party a copy of the decision according to the address appearing on the request or response.

ARTICLE 66- APPLEALS
1- Parties may lodge an appeal against the Tribunal’s decision with the Supreme Court within
28 days after the date of decision.
2- Appeals may be made for one or more reasons out of the following reasons:
a. The Tribunal has points that it should not follow procedures under this law or any
Prakas.
b. The Tribunal decides a decision using powers outside this law.

ARTICLE 67- ENFORCEMENT
Upon expiry of the 28-day period for appeal under article 66, the Tribunal's decision shall become
obligatory and enforced immediately.

Upon expiry of the 28-day period for appeal, if the Tribunal's decision is not enforced, the Tribunal may
certify that in writing to the Supreme Court, whichh shall issue an order for respect and execution of
the decision by a necessary means, including a fine up to 20 million Riels on the public body and/or
officers of that body.

CHAPTER 9
PROTECTION OF WHISTLEBLOWERS
ARTICLE 68- WHISTLEBLOWERS
1- No one may be subject to any legal, administrative or employment-related sanction,
regardless of any breach of a legal or employment obligation, for releasing information on
wrongdoing, or that which would disclose a serious threat to health, safety or the
environment, as long as they acted in good faith and in the reasonable belief that the
information was substantially true and disclosed evidence of wrongdoing or a serious threat
to health, safety or the environment.
2- For purposes of item 1, wrongdoing includes the commitment of a criminal offence, failure
to comply with a legal obligation, a miscarriage of justice, corruption or dishonesty, or
serious maladministration regarding a public body

ARTICLE 69- OTHER PROTECTION

In case a record is provided and this law requires communicating information or that the Minister or
Information Officer issue an order for communicating information with a sincere belief that the law
requires the information to be communicated:

1- No legal action for defamation, libel slander, breach of confidentiality or violation of
copyrights against the government, public body, Minister, Information Officer or any
official for reasons of giving access or revealing records and

2- No legal action for defamation, libel slander, breach of confidentiality in relation to
publication related to or resulting from communicating a record against the writers or other individuals on the grounds that the writers and individuals provided the documents for the agency or Minister.

CHAPTER 10
CRIMINAL RESPONSIBILITIES

ARTICLE 70- GOODFAITH DISCLOSURE

No one shall be subject to civil or criminal action, or any employment detriment, for anything done in
good faith in the exercise, performance or purported performance of any power or duty in terms of this
Law, as long as they acted reasonably and in good faith. Especially, no one who provides records as
requested shall be subject to civil or criminal action for their good faith performance.

ARTICLE 71 - CRIMINAL OFFENSES

1 .

It is a criminal offence to willfully:

a. obstruct access to any record contrary to Chapter 3 of this Law

b. obstruct the performance by a public body of a duty under Chapter 3 of this Law

0. interfere with the work of the Commissioner or the work of the Commissioner's Office

d destroy records without lawful authority, except it is involved with the National
Archives.

e. In spite of (d) destruction of documents containing information related to the latest
request for information pursuant to Chapter 3 or containing information that (can be
reasonably seen in advance to be) (likely) to be subject of a request for information.

2. Anyone who commits an offence under item 1 shall be liable on summary conviction to a
fine not exceeding 10 million riels and/or to imprisonment for a period not exceeding two
years.

CHAPTER 11

COM PEN SATI ON

ARTICLE 72- COMPENSATION OF THE PUBLIC BODY

If a binding decision made by the Commissioner, the Tribunal or Supreme Court ordering
the public body to disclose records and it is rejected by that public body in its first
response to the request, the person requesting the information and acting as a party in the
case proceedings may claim for compensation for damages incurred as a result of the
public body’s failure to disclose records at the first request.

2- The damages claim may be made only if no order is issued by the Commissioner, the
Tribunal or Supreme Court.

3- The damages claim may be lodged with a provincial/city court and follow normal
procedures of the court thereof.

4- The claimant shall demonstrate his/her losses in cash. The losses include: fees for
counselor, loss of income, costs of travels to attend the hearing and loss of benefit and
opportunity he/she might have had if he/she had received the information. The cash
amount of loss of benefits or opportunity may be estimated, but the loss in the estimated
amount of money shall be based on reliable evidence.

CHAPTER 12

CORRECTION OF PERSON AL INFORMATION

ARTICLE 73- REQUEST FOR CORRECTION

In case an individual complains that the public body’s records released to him/her, whether
or not pursuant provided for under this law, and with the following characteristics:
a. Incomplete, out-of-date or misleading
b. Have been used, are being used or available for the public body to use for
administrative purpose,
Such individual may make a request to the public body for correction of those information
records it has held.

2- The request for correction shall:
a. Be made in writing and
b. Be made as soon as possible by clearly stating:

- The record being requested for correction and

- The information claimed to be incomplete, inaccurate, out-of-date or
misleading and

- Whether the information being requested for correction is incomplete,
inaccurate, out-of-date or misleading and

- The reasons given bythe requestor for this request and

- The correction that requestor has sought
0. State the contact address that can be used to send the notice to the requestor and
d. Be sent via mail or delivered by hands to the public body the requestor believes
has held the records.
3- Any request received by a public body shall be assigned to the Information Officers of such
public body within two days of the receipt of the request.

ARTICLE 74- INFORMATION OFFICERS MAY CORRECT
1- In a case where the information officer of a public body that receives a request for
information finds:
a. The personal records containing information relevant to the request are available in
the body’s files.
b. The information is incomplete, inaccurate, out-of-date or misleading.
c. The information was used or is being used or the public body or another public
body can use for the administrative purpose.
2- Then, the information officer shall give a written notice to the requestor to inform him/her
about the corrections.

ARTICLE 75- FAILURE TO ENFORCE THE DECISION
1- After carrying out relevant searches, Information Officer of the public body receiving the
request is of the opinion that the public body does not hold the records stated in the
request, the Information Officer shall:
a. If he knows that another body holds such records, refer the request to that body or
b. Give the requestor a written notice that the public body does not have such records
and therefore cannot make corrections.
2- If the Information Officer of a public body that receives the request is of the opinion that:
a. The information containing in the records is incomplete, inaccurate, out-of-date or
misleading.
b. The information containing in the records was not used or is not being used or is
not available for that public body or another public body
He/she may decide not to amend the records. In this case, the Information Officer shall not
attach the request to the records and give the requestor a written notice that no amendment
has been made on the records, but the request was well-recorded.

ARTICLE 76- TIMING FOR DECISION AND NOTICE
All decisions and notices in this section are required to be made as soon as reasonably possible, and in
any case within 30 days after the receipt of the request.

CHAPTER 13
OTHER PROVISIONS

ARTICLE 77- MINISTRIAL REGULATIONS
1 - The Minister may, by notice in the Ffoyal Gazette and after consultation and agreement
with the Commissioner, issue a ministerial order regarding:
a. additional forms of communication of information under article 21

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Cambodia: Draft Law on Access to Information

training of officials and the Information Officer under article 16

Fees for communication of information allowed under this law

reports to the Commissioner

any notice required by this Law or

Any administrative or procedural matter necessary to give effect to this Act.

2- Ministerial regulations under item 1 must, before publication in the Royal Gazette, be laid
before the parliament.

seeps

ARTICLE 78- SERVICE
In the case where documents or records or notices required to be sent or delivered to any person under
this law the person or party that is required to send or deliver documents, records or notices shall be
able to ensure that services or delivery are carried out. The acceptable methods for services or delivery
of documents, records or notices include:

a. Mailing a copy via fax and maintaining a copy acknowledging the receipt

b. Sending through a messenger and maintaining the receipt thereof

0. Delivery by hands and maintaining the receipt thereof

ARTICLE 79- MAINTAINENCE OF RECORDS OF DOCUMENTS RELATED TO FREEDOM OF
INFORMATION (FOI)
Records of all information requests shall be maintained by the Information Officer of a public body. For
the purpose of Chapter, records include:
a. Copies of requests
b. Copies of responses
0. Written records of investigations carried out and dates of those investigations
d Copies of receipts for payments of service fees made by the information requestors
if applicable
e. Copies of confirmation letters acknowledging the receipts via fax, confirmation via
emails or the acknowledgement of the receipt of the records.

FEE TABLE 1- SERVICE FEES
1- The fees for communication of information under article 24 for information in writing and
non-electronic forms are as follows:

Less than 1 0 pages — free of charge

10-20 pages — 4,000 Riels

21 -100 pages — 10,000 Riels

100-500 pages — 20,000 Riels

500-1000 pages - 40,000 Riels

Over 1000 pages - not exceeding 60,000 Riels

2- Fee for communication of information under article 20 for information in the electronic
form and the requestor asks to be communicated in the electronic form for each complete
record disclosed in the form of electronic (whether via email, in PDF file) or disc or in other
forms of electronic — 2000 Riels.

3- Fee for communication of information under article 20 for information in the electronic
form, but the requestor asks to be communicated in writing is the same as paragraph 1
above.

4- No fee is fixed for inspection of the original records or records not in writing form in the
Information Communication Office. After inspection, if the requestor wants to make a
photocopy of the records the service fee is the same as paragraph (1 ), (2) and (5) of this
table.

5- Fee for communication of information not in the form of writing or electronics (such as in
the form of sound or video) shall be considered actual costs against the public body that
communicates that information, but would not exceed 60,000 Riels.

aweogw

CHAPTER 14
FINAL PROVISIONS

ARTICLE 80-
Any provisions that are contrary to this Law shall be revoked.

ARTICLE 81 -
This law shall be declared urgent.

‘ For the text of the proposed Law on Access to Information, see the Annex to this Memorandum.

2 The Lima Principles http:llwww.cidh.orq/Relatoria/showarticle.asp?artlD=158&IID=1 ; the Declaration
of SOCIUS Peru http://wwwbritishcouncil.orq/adsocius peru declarationpdf; the Johannesburg
Principles on National Security Freedom of Expression and Access to Information
http://www.article19.orq/pdfs/standards/ioburqprinciplespdf; Ten Principles on the Right to Know
http://portal.unesco.orq/ci/en/ev.php-

URL ID=29655&URL DO=DO PRINTPAGE&URL SECTION=201.htm|; the Declaration of
Chapultepec http://www.declaraciondechapultepec.orq/enqlish/declaration chapultepechtm; and the
Atlanta Declaration and Plan of Action for the Advancement of the Right of Access to Information
http://www.cartercenter.orq/news/pr/ati declaration.html; ARTICLE 19, The Public’s Right to Know:
Principles on Freedom of Information Legislation (“ARTICLE 19 FOI Principles”) (London: June 1999);
ARTICLE 19, A Model Freedom of Information Law(“ARTICLE 19 Model FOI Law”) (London: July
2001).

3 See ARTICLE 19, G’obal Flight to Information Index http://www.article19.orq/pdfs/press/rti-index.pdf
(released 21 September 2010).

4 See, for example, the consultative workshop on “Access to Information: The Need for Legal
Framework and Public Information Disclosure” which was held on Friday 8 April 2011. This brought
together UN agencies (UNESCO, UNDP, the OHCHR office in Cambodia). The objective of this
workshop was three-fold. It was to: (1) raise awareness and share the importance of Access to
Information in contributing to the MDGs in Cambodia; (2) share the findings of the research on the
provisions of Access to Information in Cambodian law and policy and (3) carry out a review of the draft
policy framework and facilitate discussions on the possible content on the draft law.

5 Article 41 of the Cambodia Constitution states: (1) Khmer citizens have freedom of expression, press,
publication, and assembly. No one may exercise this right to infringe upon the rights of others, to affect
the good traditions of the society, or to violate public law and order and national security; (2) The
regime of the media is determined bylaw.

6 UN GA Res 59/1 14 December 1946.

7 The only Asian countries to rank below it were Laos, Papua New Guinea, Tajikistan, Kyrgzstan,
Turkmenistan, Uzbekistan, Afghanistan and Myanmar. Transparency International, Corruption
Perceptions Index 2010

http://www.transparencv.org/policy research/surveys indices/cpi/2010/in detail

8 Daniel Adler, “Access to Legal Information in Cambodia: Initial Steps, Future Possibilities” (2005) 2
The Journal of Information, Law and Technology(Jl LT).

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Cambodia: Draft Law on Access to Information

9 Ibid.

1° The UN Convention Against Corruption, which entered into force on 14 December 2005, has 151
States parties including many Asian states.

‘1 In Claude Ffeyes et a/ v Chile, the court stated that Article 13 of the ACHR “encompasses the right of
individuals to receive information and the positive obligation of the State to provide it, in such form
that the person can have access in order to know the information or receive a motivated answer when
for a reason recognised in the Convention, the State may limit the access to it in the particular case.
This remains an extremely important decision and showed the Inter-American Court leading the way for
other regional human rights courts on the recognition of the right to information. Claude Ffeyes et al v
Chi/e Judgement of the Inter-American Court of Human Rights of 19 September 2006 Series C. At the
same time, there were earlier developments recognising the right to information in the region, including
the Inter-American Declaration of Principles on Freedom of Expression, 108‘h Regular Session, 19
October 2000, the Lima Principles, adopted in Lima, 1 6 November 2000, the Declaration of the
SOC/US Peru Access to Information Seminar, 28 November 2003, as well as the Resolution of the
General Assembly of the Organisation of American States AGIRES. 1932 (XXXIII-O/03), of 10 June
2003. In terms of regional standards, the Model Inter-American Law on Access to Information which
was presented on 29 April 2010 provides an important guide for the implementation of the right to
information within the domestic laws of states parties to the ACH R. Model Inter-American Law on
Access to Information, 29 April 2010 OEA/Ser.g CP/CAJP-2940/10 Corr.1 presented by the Group of
Experts on Access to Information coordinated by the Department of International Law of the Secretariat
for Legal Affairs, pursuant to General Assembly Resolution AG/RES. 2514 (XXXlX-O/09).

n11

‘2 Tarsasaga Szabadsag/ogoke/t v. Hungary, Application no. 37374/05 14 April 2009.

‘3 As of 9 May 2011, the Convention on Access to Official Documents has been ratified by 3 states
(Norway, Sweden and Hungary). It requires 10 ratifications to come into legal effect.

‘4 Adopted bythe eighteenth Assembly of Heads of State and Government in Nairobi, Kenya, 26 June
1981, entered into force 21 October 1986.

‘5 Adopted at the 32nd Ordinary Session of the African Commission on Human and Peoples’ Rights in
Banjul, The Gambia 17 to 23 October 2002. Principle IV on the Freedom of Information states: 1.
Public bodies hold information not for themselves but as custodians of the public good and everyone
has a right to access this information, subject onlyto clearly defined rules established bylaw. 2. The
right to information shall be guaranteed by law in accordance with the following principles:

0 everyone has the right to access information held by public bodies;

. everyone has the right to access information held by private bodies which is necessary for the
exercise or protection of any right;

. any refusal to disclose information shall be subject to appeal to an independent body and/or
the courts;

. public bodies shall be required, even in the absence of a request, activelyto publish important
information of significant public interest;

. no one shall be subject to any sanction for releasing in good faith information on wrongdoing,
or that which would disclose a serious threat to health, safety or the environment save where
the imposition of sanctions serves a legitimate interest and is necessary in a democratic
society; and

o secrecy laws shall be amended as necessaryto comply with freedom of information principles.

3. Everyone has the right to access and update or otherwise correct their personal information, whether
it is held by public or by private bodies.

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Cambodia: Draft Law on Access to Information

‘6 See Privacy International, National Freedom of Information Laws, Regulations and Ellis 2070
http://www.privacyinternational.orq/foi/foi-Iaws.qu

‘7 Law on Access to Administrative Documents, No. 11/02, 2002.
‘8 Law No 20.285 on Access to Information published in Official Gazette on 20 August 2008.

‘9 The principle of public access to information has been established in Sweden since the 1 766
Freedom of Press Act.

2° See Law 47 of 2007 on Access to Information.
2‘ See Act on Disclosure of Information by Public Agencies 1996.
22 See Official Information Act, 1997, BE 2540.

23 See Law Concerning Access to Information held by Administrative Organs 1999; see also Act on the
Protection of Personal Information 2003.

2“ See Right to Information Act, 2005

25 See Freedom of Government Information Law, 2005.

26 See Right to Information Act 2064 BS, 2007, and Right to Information Rules, 2065 BS, 2009.

27 See the Openness of Public Information Act of 3 April 2008.

28 See the Right to Information Act 2009.

29 Adopted bythe State Council 17 January 2007, effective May 1, 2008

3° World Bank, Information Disclosure Policy, 1 July 2010 http://www-
wds.worldbank.org/externalIdefault/WDSContentServer/WDSP/IB/2010/06/03/0001 12742 20100603

084843/Rendered/PDF/548730AccessOI1 v0 Statement01 Final 1 .pdf

3‘ See the Public Communications Policy of the Asian Development Bank: Disclosure and Exchange of
Information http://www.adb.orq/Documents/Policies/PCP/default.asp?p=disclose March 2005.

32 June 1999.

33 Para 2 ARTICLE 19 Model FOI Law.

3“ Para 19(5) Right to Information Act, 2005.

35 Section 1 , Promotion of Access to Information Act 2000 of South Africa. However, pursuant to
section 12, the law does not cover cabinet or its committees, the judicial functions of courts and the
judiciary or individual members of parliament.

3“ Ibid.

37 International Mechanisms for Promoting Freedom of Expression, Joint Declaration bythe UN Special

Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media
and the OAS Special Rapporteur on Freedom of Expression, 6 December 2004

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Cambodia: Draft Law on Access to Information

http://www.article19.orq/pdfs/iqo-documents/three-mandates-dec-2004.pdf The Mexican federal right
to information law contains a reasonable set of specific exceptions to the principle of disclosure,
namely in cases where disclosure would: compromise national or public security of defence; impair
ongoing negotiations or international relations, harm the country’s financial or economic stability; pose
a risk to the life, security or health of an individual; or severely prejudice law enforcement, including
the prevention or prosecution of crime and the administration of justice, amongst other things. The
Transparency and Access to Public Government Information Law of June 2002, Article 13.

38 Section 15.
39 Executive Order 12958, 25 March 2003.
4" Official Information Act of Thailand, 1997; Freedom of Information Act of the UK, 2000.

4‘ T Mendel, The Flight to Information in Latin America: A Comparative Legal Survey (U N ESCO:
2009) at 168.

42 Article 14, UN Convention on Anti-Corruption s 33
http:llwww.unodc.orq/documents/treaties/UNCAC/Publications/Convention/08-50026 E.pdf

‘3 Under the Indian Right to Information Act, “no such fee shall be charged from the persons who are
of below poverty line", Section 7(5) of the Right to Information Act of India.

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