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Appendix — Draft Organic Law on the Right
of Access to Information

Draft Organic Law N". ..... on the right to access to information

Chapter I:
General Provisions
Article 1: This law enshrines the right of any person or legal person to access to information held
by public bodies and aiming at achieving the following objectives:
— The strengthening of the principles of transparency and accountability in the public sector;
— The improvement of the quality of public services and strengthening of the confidence of citizens in public institutions;
— The improvement of decision making process through the promotion of public participation in the making of public policies;
— The improvement of the methods of organization, classification and management of documents produced or received by public bodies.

Article 2: Access to information is regarded as a principle that has no limits except those exceptions provided for by this law.

Article 3: For the purposes of this law, the following terms have the meanings they are assigned hereunder 0 Public bodies:
— The central and regional state administrations, the local communities and the public institutions and enterprises;
— The regulatory authorities;
— The private persons entrusted with a public service mission;
— The legislative authorities;
— The judicial authorities.
0 Administrative records: documents produced or received by public bodies within the frame of their public service mission whatever the date, form or the medium of such documents.
0 Information: any content that can be found in the documents produced or received by public bodies.
0 Personal data: mean any information relating to a natural person already identified or that may be identified, directly or indirectly in line with the provisions of Article 4 of the Organic
Law n ° 2004—63 dated July 27, 2004 on the protection of personal data.
0 Third parties: any natural or legal person other than public bodies and the applicant for access to information.

Article 4: Subject to compliance with Articles 25 and 26 of this Law, the deposit in the National
Archives of communicable documents in accordance with the provisions of this Law does not preclude the right to access to such documents at all times.

Chapter II:
Access to information on the initiative of the public body
Article 5: Subject to exceptions provided for by this Law, every public body is required to publish
and periodically update the following information:
— The main functions it is assigned, its organizational chart, the address of its main office and
secondary offices, as well as the list of the names of its heads of structures and their
contact information;

Tunisia: Draft Organic Law on the Right of Access to Information fi

— The decisions and policies that concern the public and are related to the activity of the organization;

— The procedures used in the decision—making process in connection with the services provided;

— The list of names of access to information managers, including the data provided for in the second paragraph of Article 35 of this Law;

— The legal texts ruling over the activity of the body such as circulars and general notes;

— The list of services provided by the public body, the supporting documents required for obtaining these service and their delivery deadlines;

— Information on the programs of the concerned public body, its achievements and the results of public tenders relating thereto ;

— The list of documents available in electronic version or in hard copy related to services provided by the public body;

— A guide to assist the users, listing the information specified in paragraph 6 of Article 36 of this Law.

Article 6: In addition to the information referred to in Article 5 of this Law, any specialized public body that operates in the economic, financial, social, or statistics fields, and that produces in the process of its activity information related to these areas, must periodically publish:

— Statistics , economic and social information, including the results of disaggregated statistical surveys;

— Any information concerning the public finances, including macroeconomic data, information on public debt, national accounts, State assets and liabilities, forecasts and data on public expenditure and management of public finances, and budget detailed information at the central , regional and local levels;

— All available information on social programs and services, particularly in the field of employment, education, training, social security and health insurance.

Article 7: The information referred to in Articles 5 and 6 of this Law shall be published on the relevant public body website, and be updated at least once every three months, indicating every time the date of last update.
In addition to the above information, the website must include:
— A brief description of the access to information policy;
— The legal framework for access to information;
— All reports produced by the public body pertaining to the enforcement of this law, including quarterly and annual reports required under paragraphs 7 and 8 of Article 36 of this Law;
— Application forms for access to information and appeal to higher administrative authority, in addition to the department in charge of their receipt;

Article 8: Public bodies that are subject to the provisions of this Law shall publish all those information which have been subject to repetitive requests in line with Chapter III of this Law.

Chapter III:
Access to information at the request of the interested party

Section 1:
The procedures for requesting access to information
Article 9: Subject to the exceptions provided for by this Law, any natural person or legal entity may submit a written request for access to information that shall mandatorily mention the details referred to in Article 10 of this Law request.

The filing of the request is made either directly to the relevant public body against the mandatory issuance of an acknowledgement receipt or by registered letter with acknowledgment of receipt, or by any means of communication available.

Article 10: Any request for access to information must include the name and address of the applicant in the case of a natural person, and when applicable the name and head office of the legal person, in addition to full details pertaining to requested information and the interested body

Article 11: The applicant is not required to state in his request for access to information the reasons of his application, or to justify it by any particular interest.

Article 12: When filing his request, the applicant may specify the modalities for access to information that may take one of the following forms:

— On—site consultation of the information;

— Obtaining a hard copy of the information;

— Obtaining an electronic version of the information, when possible;

— Obtaining an audio or video version when possible.

Article 13: If the request for access does not contain the minimum information set out in Article
10 of this Law, the access to information manager referred to in Chapter VI of this Law shall notify the applicant accordingly within a period not exceeding five days.

In case the applicant is unable to specify for any reason whatsoever all the required details including, his inability to accurately identify the requested document or information, the access to information manager shall provide the applicant with guidance and advice to ensure the request meets the above conditions.

Section 2:
Charged fees
Article 14: Subject to special provisions in force, every person has the right to access to information free of charge.
However, if the provision of information involves costs, the charged fees should not exceed the actual costs incurred by the relevant public body for the supply and delivery of information.
The information will be provided only after submission of the proof of payment of relevant fees.

Article 15: The amount and method of payment of due fees and the cases of exemption are fixed, when applicable, by order of the Minister of Finance.

Section 3:
The response to the request for access to information

Article 16: The public body must respond to any request for access to information at the earliest possible, provided that the response period does not exceed fifteen days from the date of receipt of the request.

During the response period, and in cases where access to information is possible, the applicant must be informed of how to access information and possibly of the charged fees, in addition to the place where requested information can be consulted;

In case of refusal of the request, the decision shall state the reasons of such a refusal and state the terms and procedures of appeal, in addition to the competent bodies.

Article 17: In cases where the request for access to information could affect the person's life or liberty, the public body must respond urgently in a period not exceeding two working days following the filing of the request, and ensure its response be motivated in accordance with Article
16 of this law.

Article 18: In cases where the requested information is held by a public body other than the body to whom the application was filed, the latter must respond to the request within five working days from the date of receipt of the application, and make sure the applicant be informed of its incompetence or the transfer of his request to the relevant public body.

Article 19: The deadline provided for in Article 16 of this Law may be extended for another fortnight, when the request concerns multiple documents, or when their delivery requires the consultation of third parties, and the applicant must be notified accordingly.

Article 20: If the request concerns information that has already been published, the public body must inform the applicant accordingly and provide him with information on the place where distribution took place.

Article 21: In cases where the public body is unable to provide the requested information in the required form, it must inform the applicant of the other means of access available in a period not exceeding five days.

Article 22: The public body is not required to respond more than once to the same applicant in case he keeps requesting the same information repetitively without reasonable grounds.

Article 23: The public body shall provide the applicant with all the necessary data, whenever it is proved that the information provided following his request were inaccurate or incomplete.

Article 24: If the public body fails to reply within the time limits provided for in Articles 16, 17,18 and 19 of this Law, this shall be deemed to constitute an implied decision of rejection and entitles the applicant to appeal in accordance with appeal legal procedures provided for in Chapter
V of this Law.

Chapter IV:
Exceptions to the right of access to information
Article 25: The public body may refuse access to information protected by the laws on the protection of personal data, and the laws on the protection of literary and artistic property, or by judicial decision.

Article 26: The public body may refuse access to information when it could be harmful to:
— The confidentiality of deliberations;
— The national defense;
— The foreign policy;
— The State security or safety of persons;
— The Government monetary, economic and financial policy;
— The conduct of procedures before the courts;
— The detection and prevention of crime;
— The fundamental rights and freedoms of individuals;
— The public and private commercial and financial interests;
— The conduct of monitoring missions and their results;
— The secrecy relating to the identities of the persons who have provided the public body with information in order to report cases of embezzlement and corruption.

Article 27: The right to access to information does not apply to unfinished documents and to preparatory documents of a decision that is still under finalization.

Article 28: in cases where part of the document is subject to the exceptions provided for in
Articles 25 and 26 of this Law, this part should be hidden, if possible, and the rest of the information must be communicated to the applicant.

Article 29: Access to personal data or to data specific to third parties is not permitted without the prior written consent of the person concerned.

Article 30: The information excluded from the right to access in accordance with the provisions of Articles 25 and 26 of this Law shall remain available in accordance with time and conditions set forth by the legislation on National Archives.

Article 31: The exceptions provided for In Article 26 of this Law shall not apply:
To information which disclosure is necessary in order to expose or to investigate serious violations of human rights or war crimes or to prosecute their perpetrators,
— When the general public interest outweighs the interest in protecting, due to a serious threat
to the health, safety or environment as a result of a criminal act, corruption or
mismanagement.

Chapter V:
Appeals against decisions of the public body
Article 32: The applicant to access to information may, within fifteen days of the refusal, appeal to the head of the body concerned who must reply within ten days following the date of filing the appeal to higher administrative authority.

In case of refusal of the request for access or denial of the appeal by the head of the public body concerned, the applicant may appeal to the Commission of Access to Information referred to in Chapter VII of this Law within a period not exceeding fifteen days from the date of refusal.

The Commission shall decide on the appeal within a period not exceeding sixty days from the receipt of the request and its decisions are binding.

The applicant may appeal against the decision of the Commission to the Administrative Court within thirty days from the date of the Commission decision.

Article 33: Appeal against decisions of refusal of access before the Administrative Court is subject to the prior seizure of the Commission of Access to Information referred to in Chapter VII of this Law.

Article 34: The Administrative Court takes decision on the appeal referred to in Article 17 of this Law within five days from the date of submission of the request.

Chapter VI:
The access to information manager
Article 35: Public bodies subject to the provisions of this Law and by virtue of orders of their heads shall appoint access to information managers and their deputies.

This order must include the names, grades, classes, functions, phone numbers, and business e—mail addresses of the access to information managers and their deputies.

The public body must notify this appointment order to the Commission of Access to Information provided for in Chapter VII of this Law, within fifteen days and to inform the public through its website.

Article 36: The access to information manager is in charge of:

The receipt of requests for access to information and ensure they are processed;

2. The assistance of the applicant especially in cases where he suffers from a physical disability or impairment or when he is unable to read and write;

3. The coordination between the public body to which he is attached and the Commission of Access to Information referred to in Chapter VII of this Law;

4. The design under the supervision of the top executive of the public body, of an action plan
for the implementation of the right to access to information, including clear objectives and a time schedule setting the steps , the time and the role assigned to each stakeholder;

5. The preparation of a simplified guide of procedures for access to information applicants to ensure their rights are respected in line with this Law, stating the procedures for applications and deadlines for their review and response, as well as appeals relating thereto.
This guide is available to the public and published mandatorily on a specific tab on the website of the public body concerned.

6. The preparation of quarterly reports on the progress of the procedures adopted for the implementation of the provisions of this law, within ten days following each quarter, and their submission to the Commission of Access to Information provided for in Chapter VII of this law.

7. The preparation in the first month of the subsequent year of an annual report on the activities relating to the access to information and its submission to the Commission of Access to Information provided for in Chapter VII of this law.

8. Monitoring and updating of the action plan under the supervision of the top executive of the public body.

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Article 37: The access to information manager assumes no administrative, civil and criminal liability for acts performed in good faith in the exercise of his functions.

Chapter VII:
The Commission of Access to Information
Article 38: An independent public authority named “Commission of Access to information", is created, with registered office located in Tunis.

The Commission has legal personality and financial autonomy. Its budget is attached by order to the budget of the Presidency of the Government.

Article 39: The Commission is responsible for ensuring compliance with the rules concerning the right to access to information and the use of public information in accordance with the legislation in force. 
It is responsible for:
— Rule on appeals against decisions of refusal to requests for access to information and reuse
of public information produced by public bodies governed by this Law;
— Ensure the compliance with the obligation of proactive publication of information provided
for in Chapter II of this Law;
— Fulfill an advisory mission on how to access information and reuse them;
— Provide the necessary amendments to laws and regulations governing access to and reuse of public information;
— Advise and provide opinion on draft laws and regulations pertaining to the access and reuse of information, which must be mandatorily transmitted to the Commission;
— Contribute to the various actions relating to the access and reuse of information.

Article 40: Prepare an annual report to be submitted to the Head of Government and parliament,
and published on the official website of the Commission.

Article 41: The Commission shall exercise its functions in full independence and neutrality.

Article 42: The Council of the Commission is made up of eight members, namely:

— A judge of the Administrative Court availing of a professional experience of at least 15 years,
to be appointed by the first President of the Administrative Court; President

— A court judge availing of a professional experience of at least 10 years, appointed by the
First President of the Court of Cassation; Vice —President

— A lawyer availing of a professional experience of at least 10 years, appointed by the Bar
Association, following a call for candidates; Member

— Two representatives of organizations working in the field of access to information , following
a call for candidates; Members

— A representative of the National Authority for the Protection of Personal Data, appointed the
President of Authority; Member

— A representative of the Independent High Authority for Audiovisual Communication
appointed by the President of the Authority; Member

— A representative of the Presidency of the Government, appointed by the Head of
Government; Member

The Chairman of the Commission may invite to its meetings any person whose presence is deemed
useful. The invitee shall have advisory opinion.

Article 43: The members of the Commission referred to in Article 42 of this Law shall be
appointed by decree for a period of three years, renewable once.

Article 44: The candidate for Commission membership must meet the following requirements:

— Being aTunisian national;

— Not having been convicted of criminal offenses , with the exception of those who benefited
from the amnesty under the general amnesty Decree —Law No. 2011—01 dated February 9,
2011;

— Being at least 35 years old, at the time of submitting his application.

— Having experience and expertise in areas related to access to information.

— Not having held senior positions in the government or a political party during the two years
prior to submitting his application.

Article 45: The members of the Commission continue the exercise of their prior functions, with the
exception of the President and Vice—President who shall serve their functions within the
Commission on a full—time basis.

Article 46: Members are forbidden to participate in the deliberations of the Commission in the
following cases:
— When they are concerned individually by the subject of the meeting;
— When the subject of the meeting concerns their ascendants or their descendants to the third
degree;
— When they have been directly or indirectly involved in making the decision of refusal of
access to information, which is the subject of the meeting;
— If they were in charge of a mission in the public body during the last three years prior to the
holding of the meeting.

Article 47: It is possible to terminate the appointment of the members of the Commission before
the end of their mandate by decree upon the proposal of the President of the Commission, on the
basis of a majority vote of the members and after hearing the member concerned. This termination
decision is taken in the following cases:
— Serious infringements to professional obligations or absence without a legitimate reason
during three successive meetings.

— Participation in the deliberations of the Commission in one of the cases mentioned in Article
46 of this Law;

— The disclosure of information or documents obtained during the performance of their duties
within the Commission;

Article 48: The revenue of the Commission shall be composed of:
— Subsidies paid by the State;
— Revenue from services and activities of the Commission;
— Donations granted to the Commission in accordance with the laws and regulations;
— Other income attributed to the Commission bylaw or regulation.

Article 49: The members of the Commission are subject to the provisions of the General
Regulations on the State Personnel, local public communities and public establishments of an
administrative nature.

Article 50: The organization and operation modalities of the Commission of Access to Information
shall be determined by decree.

Chapter VIII:
The classification of public documents
Article 51: The public bodies subject to this Law shall, within a period not exceeding two years
after the enactment of this Law, establish a system of grading and classification of the
administrative documents they hold in order to facilitate the right to access to information.

Article52: The public bodies subject to this organic law are required to provide suitable places for
the storage and preservation of the documents and information media they hold.

Chapter IX:
Offences and penalties

Article 53: Any public officer is liable for second degree administrative penalties for the following
deeds:

— Destroy, truncate or alter information in an illegal manner;

— Hide information;

— Order or cause a person to commit the deeds referred to in the preceding two paragraphs.
The application of administrative penalties provided for in the first paragraph of this Article shall
not prevent the possibility of invoking the civil and criminal liability of the public officer.

Chapter X:
Final Provisions
Article 54: Public bodies subject to the provisions of this Law shall have an official website, within
six months of the enactment of this Law.

Article 55: Public bodies subject to the provisions of this Law shall complete the organization of
their administrative records within a maximum period of two years from the date of entry into force
of this Law.

Article 56: Public bodies subject to the provisions of this Law shall publish and disseminate the
guide provided for in paragraph 6 of Article 36 within a period of six months from the date of entry
into force of this Law.

Article 57: The Commission of Access to Information provided for in Chapter VII of this Law starts
the effective exercise of its functions within a maximum period of one year from the date of entry
into force of this law.

Article 58: This organic Law repeals Decree—Law No. 2011—41 dated May 26 2011 regarding

public access to administrative documents held by public bodies as amended and supplemented
by Decree No. 2012—54 dated June 11,2011 .