GOVERNMENT ACCESS TO INFORMATION LAW

(As translated by ARTICLE 19)

In the name of the people of Yemen and the President of the Republic of Yemen:-

On reviewing the constitution of the Republic of Yemen and following approval from the Council of Ministers and the House of Representatives, we hereby issue the following law:-

PART I: DEFINITIONS and PURPOSE

1. Definitions

Article (1): This Act will be known as the Information law.

Article (2): For the purposes of the application of this Act, the following words have been assigned these meanings unless the context otherwise requires: -

(a)    “The Republic” is the republic of Yemen;

(b)    “The board of trustees” is the board of trustees in the National Centre for Information;

(c)    “The centre” is the National Centre for Information;

(d)    The “ concerned parties” are legislative, representative and judicial bodies, government ministries, institutions, central and local interests, public and mixed sector bodies;

(e)    “The Information Unit” is a regulatory framework focused on the management of information, the operation of information systems and handling requests for information at “concerned parties;”

(f)    “Source of access to information” is the “the centre” and “the concerned parties;”

(g)    “Information” means well established facts in peoples‟ consciousness found in moral and material values and applied knowledge. „Information‟ exists in the form of numbers, letters, illustrations, pictures and sounds collected, processed, stored and exchanged both electronically and on paper;

(h)    “Information system” means a set of human, material, technical and organizational elements interacting together to collect data and to protect, process and analyze information for exchange in order to meet the needs of its beneficiaries;

(i)    “The beneficiary” means all those who have the right to access to information or those who obtain information under this Act;

 
(j)     “The national system of information” is a network of systems which merge to form one unified national system of information to collect, process, store and exchange information so that it is available to decision makers, researchers, scholars, investors and all interested parties. The

“national system of information also ensures the participation in the exchange of information of diverse sources as well as internal and external networks of information;

(k)    “ Information technology” is the design, development, use, and maintenance of information processing systems and related applications and their effects;

(l)    “Personal data” is all personal data related to a person except data already circulated such as the name, age, place of birth, address, telephone number, qualification and occupation.

(m)    “Regulations” are the implementing regulations of this Act.

2. Purpose

Article (3): The purpose of this Act is:-

(a)    to ensure a citizen‟s right to access to information and to expand rules to allow a citizen to exercise such rights and freedoms;

(b)    to strengthen the elements of transparency and to expand the opportunities for informed and responsible participation;

(c)    to enable society to develop its capacity to benefit from information

PART II: FREEDOM OF ACCESS TO INFORMATION

1. The Principles of the Right to Access to Information

Article (4): Access to information is a fundamental right of a citizen and enables the citizen to exercise this right within the boundaries of the law.

Article (5): Requests for information should be submitted to the centre or submitted directly to the information department at the concerned party.

Article (6): Access to information can be obtained directly by the applicant or indirectly by way of publication or by both ways.

Article (7): Every citizen has the right to request access to information and such a request should not result in any legal accountability.

2.    Requests for Access to Information

 
Article (8): Every source of access to information should develop procedures and forms to facilitate access to information. These procedures and forms should be published in a way that is most accessible to the beneficiaries of such information.

Article (9): A request for information must be accepted under this Act if it meets the following conditions: -

(a)    the request for access to information is made to the body legally empowered to provide the required information and should be made under the name of the beneficiary;

(b)    the request for information complies with in house procedures at the source authorized to receive the request for access to information;

(c)    the requested information is not subject to exceptions or confidentiality under the law;

(d)    that the required information is available to the source of access to information;

(e)    that the requested information is accurate and accessible with sufficient details, to facilitate its retrieval by the beneficiary with reasonable effort;

(f)    that requested information does not concern a third party that could prevent its publication or transfer to another party and that requested information is not subject to any exceptions under this Act;

Article (10): A request for access to information shall include the specified purpose of the request. The purpose should be for legitimate reasons as well as a real need for the information.

Article (11): If a small part of the request for information meets the conditions specified in this Act, the request is accepted within the limits of the section which meets the conditions of this Act. The remainder of the request which does not comply with this Act is rejected.

Article (12): The source of access to information is not obliged to accept requests for information if they have previously made the information available to the applicant or if the request for information is too large to process and disruptive to their work.

Article (13): Requests for access to information can be submitted by email, letter or in person at the source of access to information. In all cases the applicant must submit their request for access to information by following the procedures and completing the forms adopted by the source organisation.

Article (14): The source organisation of requests for access to information must consider in its procedures and forms the illiterate and those with special needs by providing additional and appropriate assistance.

 
Article (15): A foreigner or an official foreign body is permitted to request access to information in accordance with the procedures of the source organisation in the spirit of co-operation or to facilitate work with public interest.

Article (16): The applicant should be notified of receipt of their request for access to information by the source party. The source should also notify the applicant of the approval or rejection of the request within ten working days of the date of notification of receipt of the request.

Article (17): The source of access to information must provide the applicant with the requested information within twenty working days of notification of approval of the request or the completion of payment by the applicant. This deadline can be extended for an additional twenty working days if the size, nature and processing of the information requires so. This deadline can be extended for a further sixty working days if provision of all or part of the information requires referral to a third party or to a different source.

Article (18): If the requested information does not exist, the applicant of the request for access to information should be assisted and advised to re-submit their request to a source that possesses the requested information.

Article (19): If the beneficiary submits a request for information available at the source in a language or format different from that requested, it is sufficient to deliver the requested information to the applicant in its available language or format provided that the language or format incorporates the requested information.

Article (20): In the event that the request for access to information is rejected totally or in part the source of access to information must inform the applicant of the reasons for the rejection. If the applicant is unconvinced of the justifications for the rejection they have the right to file a complaint to the chairman of the centre or the chairman of the concerned party. If the applicant remains unconvinced by the decisions, they are entitled to appeal before the Board of Trustees before turning to the judiciary if they are not persuaded by the decision of the Board of Trustees.

Article (21): The source of access to information is not obliged to process the request for access to information if the requested information is previously published in any of the available means of publication.

3. The Publication of Information

Article (22): All concerned parties are required to publish information related to their official activities as well as results of their performance of constitutional and legal duties.

 
Article (23): All public, private and mixed sector bodies are required to publish information related to productivity and service related activities as well as the results of this activity. Foreign companies working in the Republic are also required to publish information on their activities and the results of these activities without contravening laws in effect and signed agreements.

Article (24): All political parties, major organizations, institutions and civil society bodies established according to the constitution and laws in effect, are required to declare their operations, policies and internal regulations without breaching legal obligations present in current laws. They should also publish information related to their activities.

Article (25): All parties held responsible for the publication of information under this Act are required to prepare a manual containing a list of the topics published by the organisation including dates and modes of publication.

Article (26): Information should be published by any mode of publication accessible to a diverse group of beneficiaries. The mode of publication should also be within the capacity of the party responsible for the dissemination of the information.

Article (27): Information disseminated under this Act is free of charge but concerned parties are permitted to charge a reasonable fee if the information needs to be published electronically or on paper.

Article (28): The beneficiary has the right to make a justified request to concerned parties to expand the list of subjects approved for publication. In the event that the request is rejected, the beneficiary has the right to appeal to the Board of Trustees and the Board's decision is final in this regard.

4. The Cost of Access to Information

Article (29): Information should be provided to the beneficiary free of charge. In cases where this is not possible information should be provided at a reasonable price commensurate with the cost of processing and providing the requested information as well as the purpose of its use. The regulations and procedures adopted at the source of access to information stipulate the levels of costs and the methods of payment.

Article (30): In the event that the provision of information requires a fee, costs must be settled before the procedures for the disclosure of the information can commence. The time period between notification of acceptance of the request for information and the date of due payment of the costs is not taken into account.

Article (31): In the event that the beneficiary is late in collecting the requested information on the specified date for receipt of the information, information is stored for an additional period of fifteen days. If the beneficiary misses this deadline, the request for

 
information becomes null and void. In this case, the beneficiary is not entitled to ask for reimbursement of costs.

5. Exceptions

Article (32): The right to access to information is awarded within the boundaries of the law and to those the law gives right of access. Right to access to information is also awarded in accordance with the systems and procedures in place at the source of access to information. Any information related to the following exceptions may not be published or disclosed:-

(a)    information whose disclosure could damage national security;
(b)    information held by the President of the Republic;

(c)    information related to military affairs, the conditions of the armed forces and defence secrets;

(d)    information whose disclosure could damage internal security, social harmony or national unity;

(e)    information whose disclosure could damage Yemen‟s interests and external relationships with foreign states and official international organisation;

(f)    information where the source is an official document which the law prevents from being published or made accessible;

(g)    information related to the professional secrets of internal systems at any of the concerned parties;

(h)    information whose disclosure could damage the national economy or damage public and private financial, commercial and economic interests;

(i)    information obtained through an external source and under a confidentiality agreement by one or both parties.

Article (33): The source of access to information can refuse the disclosure of information without being required to give reasons in the following cases:-

(a)    information exchanged between public authorities and their affiliated bodies on decision making specific to the responsibilities and directive of the public authorities and affiliated organisations;

(b)    information on state policies and measures in the context of the state preparing to take economic and financial measures;

(c)    information related to investigations, prosecutions and judicial matters connected with public safety and social security;

(d)    information that leads to the disclosure of details on discussions in formal meetings as well as the views of participants;

(e)    information that cannot be verified by its source and that is
subject to review, investigation and amendment.
 

PART III: THE MANAGEMENT OF INFORMATION

1. Institutional Organisation

Article (34): The Board of Trustees at the National Centre for Information is the highest administrative body in the make-up of the institutional organisation which is structured as follows:-

-    Chairman of the Council of Ministers - Chairman of the Board
-    Minister of Planning and International Cooperation - Member
-    Minister of Information - Member
-    Minister of Legal Affairs - Member
-    Minister of Higher Education and Scientific Research -Member
-    Minister of Finance - Member
-    Minister of Communications and Information Technology - Member
-    Minister of Civil Service and Insurance - Member
-    Minister of the Interior - Member
-    Deputy Director of the Office of the Presidency of the Republic - Member
-    Chairman of the National Centre for Documentation - Member
-    Secretary General of the Council of Ministers - Member
-    Chairman of the National Centre for Information  - Member

Article (35): the Board of Trustees supervises, directs, designs and approves policies and measures in the field of information and monitors their execution. The board also has the following specific functions and powers:-

(a)    approval of national policies and strategies for information;

(b)    ensuring coordination and integration in the expansion and implementation of developmental plans and programs in the field of information among all concerned parties at a national level;

(c)    approval of information technology projects financed by foreign loans prior to their submission to the concerned parties for final approval;

(d)    adoption of fundamental standards for information security and the discussion of periodic reports produced by the Centre on the safety of the application of these standards.

(e)    proposing draft laws and regulations which regulate and protect public and private rights in the field of information;

(f)    taking necessary decisions with regards to complaints to the Board on the breach of rights guaranteed in this Act.

Article (36): The board of trustees will hold regular meetings and its members will have shared responsibility towards the duties and functions of the board.

 
Article (37): The National Centre of Information is considered the executive apparatus for the Board of Trustees. The chairman of the Centre is fully responsible for all its activities before the Board of Trustees and its chairman.

Article (38): The structure of the information will be organised through a national integrated system of information. The Centre will build, manage and develop this system which will operate through a national network of information linking the Centre to information units at concerned parties and to different sectors.

Article (39): An information unit should be established at all concerned parties to form part of the make-up of the national system of information. It should be administratively and functionally linked to the concerned parties. The regulations shall determine the formation and structure of the information units.

2. The Processing of Data and Information

Article (40): The Centre shall lay down agreed foundations and standards for the organization and evaluation of information work and for the implementation of technical operations that process and exchange information at a national level.

Article (41): The Centre and information units at the concerned parties are permitted to introduce, use and construct the necessary systems and software for the processing of data and information. They are also allowed to operate the national network of information according to the standards and systems specified and approved by the Centre.

Article (42): The information units at concerned parties must adhere to the systems and controls that govern the work of the national network of information to ensure that the flow and exchange of information is within the framework of the national system of information.

Article (43): The state apparatus, public, private and mixed sector bodies and foreign companies operating within the Republic must provide the Centre with the necessary data and information that allows it to perform its duties and functions and must not withhold, impede or delay the delivery of the information to the Centre.

Article (44): All data and information provided to the Centre that is exchanged between concerned parties is free of charge.

Article (45): The Centre and information units at concerned parties represent essential windows for the exchange of information between a range of concerned parties.

Article (46): All scientific and research bodies must give the Centre a copy of any work they carry out and any studies, scientific research or intellectual publications that they oversee.

Article (47): All concerned parties must provide the Centre with copies of any development studies related to their activities and competencies on request.

Article (48): Concerned parties cannot refuse information or impede the delivery of information to other concerned parties that have the right to access the information under this Act

PART IV: INFORMATION SECURITY

1. The Protection of Information

Article (49): The centre shall propose the fundamental standards that need to be in place for information security and will oversee the implementation of these standards at concerned parties following approval by the board of trustees.

Article (50): Each source of access to information must possess and apply adequate security measures and regulations that will protect information in its possession and that are sufficient to protect all activities such the collection, processing, storage and retrieval of information.

Article (51): All concerned parties should maintain secure backup storage of all essential information related to its official activities and functions.

Article (52): The centre shall maintain national strategic storage of essential information including all that is kept as backup storage at concerned parties.

Article (53): Any information obtained under this Act should not, under any circumstances, be used to contravene existing laws or to harm the interests of Yemeni society and national security

Article (54): The failure or absence of information security regulations should not justify the carrying out of illegal acts that could damage information.

Article (55): An appropriate administrative set up specialized in the supervision and implementation of standards of information security should be established in the information unit at all concerned parties.

2. The Protection of Information Systems

Article (56): Every information system used by concerned parties must have the capacity to verify and demonstrate responsibility for actions such as the input, process, and retrieval of information as well as accessing the system.

Article (57): All systems and application software installed and used by concerned parties must have security standards that guarantee the reliability and safety of operations.

 
Article (58): All concerned parties must implement adequate technical and administrative procedures to protect their information systems and networks to ensure continuous and straightforward operations.

3. Protecting Privacy

Article (59): A citizen's personal information is one of the fundamental rights of an individual and should not be collected, processed, stored or used contrary to the constitution and laws in effect.

Article (60): The collection of information on the conduct and lifestyle of an individual that intends to harm or can lead to damage in the quality of life, personal dignity, social standing, job and financial status of a person is prohibited.

Article (61): The collection, process, storage and use of personal data and information should be carried out within the remit of the official functions of the concerned parties authorised to perform such actions and should be essential to the work of the concerned party.

Article (62): Concerned parties that store personal information are not permitted to publish or impart this information to a third party except if the subject of the personal data belongs gives their written permission.

Article (63): Personal data or information cannot be provided to a foreign state or any other external body that does not have equivalent legal safeguards for the protection of privacy.

Article (64): Without breaching Article (63) of this Act, it is permissible to exchange personal information with a foreign state or body in cases of urgent public interest or when it is in the interests of the subject of the personal information, provided it complies with the constitution and laws in effect.

Article (65): Personal data and information shall not be used for purposes other than those for which it was gathered.

Article (66): All concerned parties which gather and maintain personal information and data should follow regulations and procedures that ensure the updating of personal data systems. Subjects of personal data should provide the necessary data for the update of their data.

Article (67): All concerned parties that store personal data or information are fully responsible for the protection of this data and information. Concerned parties should have a privacy statement that is available to view, detailing the procedures and systems in place to protect confidential data and personal information.

 
Article (68): All those who provide personal data or information to a concerned party have the right to ask to inspect or verify the information provided at any time and can also submit additional information for updates.

PART V: VIOLATIONS AND PENALTIES

Article (69): Every wilful violation of the provisions of this Act shall incur legal responsibility and those who commit the violation will be reprimanded. The punishment will not be less than the extent of the damage caused by the violation.

Article (70): A punishment of imprisonment for a period of no less than two years or a fine that befits the extent of material and moral damage caused by the crime or both imprisonment and a fine,shall be awarded to anyone who wilfully commits the following crimes:-

(a) Retrieves information in a fraudulent way or in breach of the regulations for the publication and provision of information at the source of access to information;

(b) Commits identity fraud or gives false information to obtain information that their real identity does not have the capacity to access.

Article (71): Without infringement of any heavier penalty provided for in any other laws in effect, all those who seek to obtain or have actually obtained information not permitted for publication or disclosure under this Act are punishable by no less than six years imprisonment or by a fine that befits the material and moral damage caused or by both imprisonment and a fine. Any person who facilitates the retrieval of such information shall receive the same punishment.

Article (72): Without infringement of more severe sanctions stipulated in any other laws in effect; any person who obtains information under this Act in order to damage private, public, financial, commercial, and economic interests that can jeopardize social stability and security shall be punished by imprisonment for a period of no less than four years or with a fine that befits the extent of material and moral damage caused or with both imprisonment and a fine.

Article (73): Any person who refuses or obstructs the disclosure of information that can be disclosed, exchanged or published under this Act, shall be punished with imprisonment for a period of no less than six months, or with a fine that befits the extent of the material and moral damage caused or with both imprisonment and a fine.

Article (74): Any person who wilfully acts in way that leads to the destruction, deletion, cancellation or alteration of information at any of the concerned parties, shall be punished with imprisonment for a period of no less than three years, or with a fine that befits the extent of the material and moral damage caused or with both imprisonment and a fine.

 
Article (75): Any person who commits the following crimes shall be punished with imprisonment for a period of no less than two years, or with a fine that befits the extent of the material and moral damage caused or with both imprisonment and a fine:-

(a)    Wilful disclosure of false information in order to impede and obstruct the undertaking of legitimate work;

(b)    Changing official information in order to withhold the truth, obstruct its discovery or in order to achieve an unlawful goal.

Article (76): Any person who commits any of the following crimes shall be punished by imprisonment for a period of no less than four years or with a fine that befits the extent of the material and moral damage caused or with both imprisonment and a fine:-

(a)    The complete or partial destruction and disruption of systems for the gathering, processing, storing, exchanging and publishing of information.

(b)    The violation, destruction or immobilization of tools and applications for information security systems.

(c)    The complete of partial destruction, disablement or obstruction of any components of information networks systems..

[Article (77): Missing from Arabic text]

Article (78): Any person who breaches the provisions of section 3 of part 1V of this Act shall be punished by imprisonment for a period of no less than one year or with a fine that befits the extent of the material and moral damage caused or with both imprisonment and a fine. The victim shall receive full compensation.

PART VI

General Provisions

Article (79): Any act or attempt to destroy or disable the administration of information systems at civil or military concerned parties shall be considered a crime and an act of aggression against the national security of Yemeni Society. Perpetrators of these crimes shall be legally pursued inside and outside the Republic of Yemen.

Article (80): Without prejudice to other laws in effect, sufficient preventive measures may be taken against any persons who repeatedly attempt to damage information, systems, networks or equipment used by concerned parties.

 
Article (81): Any tools or devices used to commit or used in attempts to commit an act incriminated under this Act shall be confiscated. Those subsequently affected who have no link to the incriminating act are entitled to appropriate compensation.

Article (82): The Board of Trustees with its duties mentioned in article (34, 35, 36, 37) of this Act shall replace the Board of Trustees mentioned in articles (6/a, 7, 8, 9, 10, 11, 12) of the Presidential Decree No. (55) of 1995 concerning the creation of a National Centre of Information.

Article (83): The concerned parties included in the provisions of this Act shall take the necessary regulatory and technical measures for the execution of this Act.

Article (84): The implementing regulation of this Act shall be issued by Presidential Decree following its proposal at the Centre and approval by the Board of Trustees.

Article (85): The provisions of this Act do not apply to what is governed by the Press and Publications laws, Intellectual Rights, the Census and records.

Article (86): This Act comes into affect from the date this law is issued and published in the official newspaper

Issued by the President of the Republic in Sanaa on    / / 1430 AH    /    /2009 AD

Ali Abdallah Saleh

The President of the Republic of Yemen