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1.
The right of access to information shall
be guaranteed by law in accordance with the
following principles:
a.
Every person has the right to access
information held by public bodies and relevant
private bodies expeditiously and inexpensively.
b.
Every person has the right to access
information of private bodies that may assist
in the exercise or protection of any right
expeditiously and inexpensively.
2.
For the purpose of this part, a relevant
private body is a body that would otherwise be
a private body but is owned partially or totally,
or is controlled or financed directly or indirectly
by public funds, or a body that carries out a
statutory or public function or a statutory or
public service.
Principle 27. Primacy
Access to information laws shall take
precedence over any other laws that prohibit or
restrict the disclosure of information.
Principle 28. Maximum disclosure

1.
Access to information shall be granted
as expeditiously and inexpensively as possible,
and in accessible formats and technologies.
2.
No one shall be required to demonstrate
a specific legal or personal interest in the
information requested or to provide justification
for a request.
3.
Every person shall be assisted in making
requests for information orally or in writing and
in conformity with processing requirements.
Appropriate support shall be provided to nonliterate persons and persons with disabilities to
make requests for information on an equal basis
with others.
4.
No fees shall be payable other than the
reasonable reproduction cost of requested
information. The cost of reproduction shall be
waived where the requester is indigent.
5.
Any refusal to disclose information shall
be provided timeously and in writing, and it shall
be well-reasoned and premised on international
law and standards.
Principle 32. Appeals

The right of access to information shall be
guided by the principle of maximum disclosure.
Access to information may only be limited by
narrowly defined exemptions, which shall be
provided by law and shall comply strictly with
international human rights law and standards.
Principle 29. Proactive disclosure

Any refusal to disclose information shall
be subject to an expeditious internal appeal
process at no cost to the applicant. The right
of further appeal against the outcome of an
internal appeal process shall lie to the oversight
mechanism and, ultimately, the courts.
Principle 33. Exemptions

1.
Public bodies and relevant private bodies
shall be required, even in the absence of a specific
request, to proactively publish information of
public interest, including information about their
functions, powers, structure, officials, decisions,
budgets, expenditure and other information
relating to their activities.
2.
Proactive disclosure by relevant private
bodies shall apply to activities for which public
funds are utilised or public functions or services
are performed.
3.
Information required to be proactively
disclosed shall be disseminated through all
available mediums, including digital technologies.
In particular, States shall proactively publish
information in accordance with internationally
accepted open data principles.
Principle 30. Duty to create,
organise and maintain information

information

keep,

Public bodies, relevant private bodies and
private bodies shall create, keep, organise and
maintain information in a manner that facilitates
the exercise of the right of access to information.
Principle 31. Procedure for accessing

1.
Information may only be legitimately
withheld where the harm to the interest
protected under the relevant exemption
demonstrably outweighs the public interest in
disclosure of the information. Such information
may only be withheld for the period that the
harm could occur.
2.
Where a portion of a document
containing requested information is exempted
from disclosure, the exempted portion shall be
severed or redacted and access granted to the
remainder of the document that is not exempted
from disclosure.
3.
Laws
governing
classification
of
information shall stipulate the maximum period
of the classification and restrict classification
only to the extent necessary, never indefinitely.
4.
Information may only be legitimately
withheld as an exemption if its release would:
a.
result in the unreasonable disclosure of
the personal information of a third party;
b.
cause substantial prejudice to a legitimate
commercial or financial interest of relevant
stakeholders or other third party;
c.
endanger the life, health or safety of an
individual;
d.
cause substantial prejudice to the national

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