ATI shall apply to all public bodies,
as well as to private bodies that are
owned or controlled by the government, utilise public funds, perform
functions or provide services on behalf of public institutions, or have
exclusive contracts to exploit natural resources (with regards to said
funds, functions, services or resources), or which are in possession of
information which is of significant
public interest due to its relation to
the protection of human rights, the
environment or public health and
safety, or to the exposure of corruption or illegal actions or where the
release of the information may assist
in exercising or protecting any right.
5. Clear and Unambiguous Process.
The law shall include procedures for
the exercise of the right. The process to obtain information should be
simple and fast and take advantage
of new information and communication technologies where possible.
Bodies falling under the scope of
the ATI law should provide assistance to requesters in order to ensure
that they receive the information
they need. The information provided
should be provided in a form understandable to the requestor. Information should be disclosed within a
clear and reasonable deadline provided for by law. It should be available at low or no cost.
6. Obligation to Publish Information. Public and relevant private
bodies shall be obliged to proactively release information in a timely
manner about their functions, pow-



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ers, structures, officials, decisions,
expenditures, budgets, and other
information relating to their activities that is of public interest. The dissemination should use all reasonable
means of communications, including ICTs, to maximise access to all
communities and sectors of society.
7. Language and Accessibility. To
the greatest extent possible, information should be available in the
language of the person seeking it,
in an accessible location, in a format
that is as accessible as possible, and,
in particular, ensures that it is accessible to those who may be particularly affected by the subject matter
of the information.
8. Limited Exemptions. The right of
access to information shall only be
limited by provisions expressly provided for in the law. Those exemptions should be strictly defined and
the withholding of information
should only be allowed if the body
can demonstrate that there would
be a significant harm if the information is released and that the public
interest in withholding the information is clearly shown to be greater
than the public interest in disclosure.
Information can only be withheld
for the period that the harm would
occur. No information relating to
human rights abuses or imminent
dangers to public health, environment, or safety may be withheld. 4
9. Oversight Bodies. Independent
bodies such as an ombudsperson or
information commissioner should be
established to monitor and hold gov-

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