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ISRAEL

In Israel, the Freedom of Information Law, 5758-1998, supported by the Freedom of Information Regulations, 5759-1999, controls freedom of information. It defines the bodies subject to the legislation by a set of listed categories - essentially, most public bodies - and provides for the government to publish a list of all affected bodies. However, this list does not seem to have been made publicly available, if indeed it was ever compiled.[POV? ] Many public bodies are not obliged to follow the law, which limits the potential for use by the public.

The Israeli Freedom of Information Law has, in some cases, actually achieved the opposite intended result.[citation needed] some Government agencies now take the position that a citizen may only request information via FOIL—i.e., an official letter designated as such and including the 95 shekel fee. Thus an Israeli citizen in many cases cannot simply write a letter asking a question, and can be asked to file a FOIL application with a fee and wait the minimum statutory 30 days for a reply, which the agency can extend to 60 days. In many cases FOIL letters are simply ignored,[citation needed] or some laconic response is sent stating the request is either unclear, unspecific, too vague or some other legalese, anything in order to keep the information away from the public.[citation needed] When the 60 days are up, if the anticipated result usually yield nothing significant,[citation needed] the applicant must petition the District Court to compel disclosure, a procedure that requires attorneys to draft pleadings and a payment of (approximately) $420 court fee. A judgement in such FOIL appeals in Israel can take many months, and again the agency can easily[neutrality is disputed] avoid disclosure by simply not complying, although risking being charged with contempt of court. While there are some successes in courts compelling Israeli government agencies to disclose information, they are usually in non-controversial areas. The law provides for the expected[POV? ] "security" exemption and an applicant applying for such information can expect not to benefit from FOIL (and also have his or her court appeal rejected). it will be noted that Applicants can sometimes be helped by The Movement for Freedom of Information.

 

Freedom of Information regulations (5759-1999)

 

 

Under my authority, under Sections 4,5, and 19 of the Freedom of Information law, (5758-1998) (hereafter – “the law”), and with the approval of the Knesset Constitution, Law, and Justice Committee, I enact the following regulations:

1. Definitions in these regulations – 

 

“Post Office” - as defined in the Post Authority Law (5746-1986), except for post office box; 

“the past year” – the year preceding the year in which the report was published; “the current year” – the year in which the report was published; 

“public library” – as defined in the Public Libraries Law (5735-1975); 

however, in a local authority with more than one public library, the main public library, as determined by the local authority. 

2. Publication of the list of public authorities 

A. The government shall regularly publish on the government Internet site the list of public authorities, as stipulated in Section 4 (A) of the law.

B. The government shall publish every year the list of public authorities in the Official Gazette of the Israeli government.

C. The government shall distribute every year the list of public authorities:

i. To the Knesset Library;

ii. To the National Library and the university library: two copies;

iii. To a public library in every local authority;

iv. To the district offices of the information center;

v. To the Israel Postal Authority: a number of copies, sufficient for distribution to post offices.

 

3. Providing administrative guidelines for public perusal.

 

The public authority shall provide for public perusal the administrative guidelines written as stipulated in Section 6 (A) of the law, as updated from time to time, in the main office and the district offices, if any, unless the authority has established other reading places providing convenient access to the public; these places shall be included in the information contained in the list of authorities under Section 4 of the law, and in the annual report of the public authority. 

4. Providing of access to the public by a local authority 

 

A local authority shall provide to the public the list of public authorities, as stipulated in Section 4 (B) of the law, and also the authority’s bylaws, in the most up-to-date version, as follows:

1. In the offices of the local authority;

2. In a public library in the jurisdiction of the local authority.

 

5. Date of publication of the annual report 

 

A public authority’s annual report shall be published no later than July 1 of each year. 

6. Content of the annual report 

 

The annual report of a public authority shall include the following, among other things:

0. A detailed description of the structure of the authority, its sections, units, and support units, and the names of its senior officeholders heading the sections, units, and support units of the authority;

1. A description of the public authority’s fields of responsibility;

2. The address of the public authority, and methods of contacting it, including the addresses of the person responsible, under Section 3 of the law, and of other officeholders charged with handling public inquiries, and ways of contacting them;

3. For units of the public authority providing public services – their geographical locations, their addresses, and ways of contacting all the branches of the units;

4. A review of the public authority’s main activities during the past year;

5. A review of the main activities planned for the current year;

6. The public authority’s budget for the past year;

7. A list of the public authority’s expenses during the past year, according to budget item;

8. The public authority’s budget for the current year;

9. A list of brochures and booklets containing public information published by the public authority during the past year;

10. The places and times for perusing the written administrative guidelines under which the public authority operates, as listed in Section 6 of the law;

11. A description of the public authority’s databases, including their purposes, registered under the Protection of Privacy Law (5741-1981);

12. Funds and scholarships financed by the public authority;

13. Aid given by the public authority to public institutions during the past year, including a list of the institutions’ names, and the extent of aid given to each of them;

14. For a government ministry – a list of the laws the implementation of which is under the responsibility of the minister heading the ministry, and a list of the public authorities and corporations, the activities of which the ministry is responsible for;

15. For a local authority – the places and times for perusing its bylaws.

 

7. Report by the person responsible 

 

The report by the person responsible for implementing the law in the public authority will include the following items:

0. The number of requests for information submitted during the past year;

1. The number of requests for information that were answered during the past year, the number of those granted, and the number of those refused, or granted in part, classed according to the grounds listed in the law for not providing information;

2. The proportion of requests answered at the various times determined under Section 7 of the law;

3. The number of appeals filed against decisions of the person responsible;

4. A summary of the decisions on appeals filed against the decisions of the person responsible, and which are of public importance.

 

8. Publication of an annual report 

 . An annual report of a public authority shall be available for perusal by the public in the main office of the public authority, and at the district offices, if any.

A. A public authority, except for a local authority and a corporation controlled by a local authority, shall send a copy of its annual report to the following destinations:

i. To the State Archives;

ii. To the Knesset Library;

iii. To the National Library and the university library – two copies;

iv. To a public library in each local authority with more than 5,000 residents.

B. A public authority that is a local authority or corporation controlled by a local authority shall send a copy of its annual report to the public library in its jurisdiction.

C. A public authority that is a government ministry shall publish a copy of its annual report on the ministry’s Internet site; any other public authority having an Internet site shall publish a copy of its annual report on that Internet site within a year of the date on which the Internet site is put into operation.

D. An annual report shall be made available for perusal under this regulation for a year from the day it is published, unless a revised report is published; if a report is published through the Internet, a public authority is entitled to revise it from time to time during that year.

E. A public authority shall provide a copy of its annual report upon request, and is entitled to charge for producing the copy.

 

9. Restrictions on publication 

 

Despite anything stated in these regulations, an annual report of a public authority shall not include information excluded from publication under Section 9 (A) of the law; and such annual report is not obliged in include information that the public authority is not obligated to report according to Section 9 (B) of the law; this restriction shall be noted in the annual report. 

10. Inception 

 . Except for Regulation 2 (C) (5), this regulation shall become effective on the day the law becomes effective.

A. Regulation 2 (C) (5) shall become effective on 23 Tevet 5760 (January 1, 2000.)

B. The first report under Regulation 5 shall be published no later than 28 Sivan 5760 (July 1, 2000.)

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