Right to Know: Freedom of Information

Secrecy and Freedom of Information. International Conference 2004

DRAFT

LAW OF MONGOLIA ON FREEDOM OF INFORMATION

CHAPTER ONE
GENERAL PROVISIONS

Article 1. Purpose of the law

1.1. The purpose of this law is to define the legal grounds for enforcing the right of a citizen stipulated in the Constitution of Mongolia to seek, receive or disseminate information and to govern relations concerning to submit a request with purpose to obtain information by citizens and legal entities from public organization and official specified in this Law and review and response to such request by organization or official.

Article 2. Laws and legislation on freedom of information

2.1. Laws and legislation on freedom of information shall consist of the Constitution, this Law and other legal acts issued in conformity with them.

2.2. If international agreement of Mongolia provides otherwise than this Law, then the provisions of international agreements shall be observed.

Article 3. Scope of the Law

3.1. This Law shall not be applicable to protect, use and maintenance confidential information of the government or the entity or privacy of individual as provided in the laws and legislation of Mongolia.

3.2. Application or complaint submitted with respect to issues provided by "Law on Resolving Application or Complaints Submitted by Citizens to Government Organization or Official" shall be resolved according to procedure provided by this Law.

Article 4. Definitions of the Law

4.1. Following terms used in this Law shall have a meaning as described below:
4.1.1. "public organization" shall mean the State Great Hural of Mongolia, organizations that report to it, the Cabinet, a Ministry, an agency, a local government and self governing organization, Constitutional Court, a court, prosecutor's office, a state owned legal entity or state budget organization and private entity that performs public service ;
4.1.2. "information" shall mean anything that can be communicated, regardless of form, source, time, produced body and whether or not it is classified.

Article 5. Principles of disclosure

5.1. Information other that below mentioned should be subject to disclosure in Mongolia

5.1.1. If justification of confidential information specifically set out in the law

5.1.2. If disclosure not threatens to cause substantial harm to the justification of the confidential information pursuant to Article 5.1.

5.2. If the public interest violated, the limitation pursuant to Article 5.1. should not be subject to concern

Article 6. Citizen and legal entity’s right to obtain information and freedom of Information

6.1. A citizen of Mongolia shall have a right to obtain information from government organization and official whether independently or jointly with others.

6.2. If not otherwise specified in law and legislation of Mongolia or international agreements, foreign citizen or stateless person residing on the territory of Mongolia shall have the right to seek and disseminate obtain information from government organization or official on equal basis as a citizen of Mongolia.

6.3. When a citizen and legal entity exercise their right to seek, receive and disseminate information shall be equal and shall not explain the requirements and justifications to obtain information.

6.4. It prohibited limiting without permission a citizen’s and legal entity’s right to seek, receive and disseminate information outside the grounds and procedures determined by law

Article 7. Principles to ensure freedom of information from organization and official

7.1. The organization and official shall adhere to following principles in order to ensure freedom of information:
9.1.1. providing the public with an access to all information except those which are classified by law and legislation as confidential information of the state or privacy of an individual;
9.1.2. seek and obtain information from organization and official shall be accessible;
9.1.3. give information time limits set by law in providing information;
9.1.4. respect the right to have access to information;
9.1.5. ensuring the rights and lawful interests of third persons in providing information; and

Article 8. Fee for Service

8.1. A citizen who has obtained information from organization or official shall pay a fee for the rendered service.

8.2. If information concern public interest and given information concerned private matter shall be free of charge by the determined procedures.

8.3. Information related to advertise and inform public about government Organization’s activity shall not pay a fee

8.4. Amount of the service fee, discount on or exemption from the fee payment and procedure on expenditure shall be established by the Cabinet.

GHAPTER TWO. EXIRSICE RIGHTS TO SEEK, OBTAIN AND DISSEMINATE INFORMATION FRON A CITIZEN`S AND LEGAL ENTITY`S

Article 9. The way to obtain information

9.1. A citizen and legal entity shall have right to choose the way to obtain information

9.2. A citizen shall have the right to obtain information from government organization or official through following types:

9.2.1. reviewing documents related to information;
9.2.2. obtaining a copy of related document;
9.2.3. obtaining oral explanation on content of information of interest; and
9.2.4. obtaining information on official sources where particular information is published.
9.2.5. obtaining information the way that not prohibited by law

Article 10. Submitting request

10.1. Request for information shall be submitted to authorized organization or official to respond to questions indicated in the request.

10.2. Organization or official shall have mandatory obligation to accept a request submitted by a citizen and shall review and resolve the request in accordance with procedures established by this Law.

Article 11. Form of submitting request for information

11.1. Request for information shall be made in Mongolian language and in writing or orally by person.

11.2. A person who does not have command of Mongolian language may submit a request in his/her native language and shall have the request translated and certified through adequate procedure.

11.3. If a person who is submitting a request is not able to communicate due to blindness, muteness or deafness, he/she may submit a request through an interpreter, and respective officer shall take notes of the request and give a copy thereof to the person who has made the request.

11.4 Officer who receives an oral request shall take notes of the request and shall have it signed by the person who is submitting the request.

Article 12. Requirements to be imposed on request

12.1. In a written request a citizen and organization shall write what information they request, name, address of permanent residence (existing) or postal address and phone number and shall sign it.

12.2. If a request is submitted jointly by citizens, all of them or their representatives shall sign the request and a document certifying the right to represent shall be attached to the request.

12.3. It shall be prohibited to impose any other requirement on a request than those specified in this Article.

Article 13. Receipt of request and its registration

13.1. Organization shall establish a meeting room where a person submitting a request shall be received and shall be informed to the public.

13.2. Oral request submitted by a person who has arrived at the meeting room shall be received by an officer whose duty is to receive the request and shall be noted in writing and registered in a special registry.

13.3. Written request shall be received by an officer of chancellery of that organization and shall be registered in accordance with appropriate procedures. Date /day, month, year/ and time of receipt of the request shall be indicated in the registry.

13.4. A request registered observing the procedures specified in Articles 13.2 and 13.3 of this Law, shall be transferred to an official who shall resolve the request within that day.

13.5. If requested information is not within the scope of power of that particular organization, the request shall be referred to organization of relevant jurisdiction within 3 days and the person who has made the request shall be notified.

Article 14. Review of request

14.1. An official who has received a request shall review it in following way:

14.1.1. shall determine whether the request is within the scope of power of that organization or official;
14.1.2. shall refer a request that does not fall within the scope of his/her power to
an organization of relevant jurisdiction within 3 days;
14.1.3. may make inquiry from a citizen who made the request on issues that can
be clarified.
14.1.4. If request has not contain any address and name shall not be reviewed
and shall be registered in special registration and stored.

Article 15. Responding to request

15.1. If it is possible to respond directly to questions indicated in a request due answer shall be provided.

15.2. Response on resolution of a request shall be communicated in writing or orally in person or through telephone or any other suitable forms.

15.3. In case of communicating the response orally or using telephone, a notice shall be entered into the registry.

Article 16. Time limits for responding to a request

16.1. Response to a request shall be provided within 14 days after its receipt.

16.2. If there are reasons to protect life, health of a person, response must be provided within 48 hours.

16.3. When necessary the term indicated in Article 16.1. may be extended by a governing official of that particular organization up to 10 days.

16.4. A citizen who made the request shall be notified about such extension.

CHAPTER THREE. RIGHTS AND OBLIGATIONS OF ORGANIZATION, OFFICIAL AND PROCEDURES OF ACTIVITIES

Article 17. Obligations of organization and official on the request

17.1. Organization or official shall have following obligations with purpose to provide information to a citizen and legal entity:

17.1.1. to provide full conditions for exercising by a citizen and legal entity right to obtain information;
17.1.2. to accept on mandatory basis the request for information that held by the particular organization
17.1.3. to report of works carried out in order to enforce the Freedom of Information Law;
17.1.4. to respond to citizen's request for information within the time limit set by law;
17.1.5. to be liable if violates the Law on Freedom of Information.

17.2. Particular organization whether independently or jointly with the of National Human Rights Commission shall organize training for its staff on issues related exercise rights to seek, seek, receive or disseminate information from a citizen and legal entity and ensure freedom of information.

17.3. Each organization shall approve guidelines to store, transfer records and any information and observe it.

17.4. Organization or official shall not transfer a request for information, which falls within the scope of his/her authority to other government organization or official without grounds for doing so.

17.5. It shall be prohibited for organization or official to deliberately destroy information held by the organization or to hinder in any form a citizen to exercise his/her right to obtain information.

Article 18. Officer in charge of information

18.1. Each organization shall employ an officer in charge of information matter.

18.2. Officer in charge of information shall carry out functions to set conditions for providing true or correct information to citizens about that particular organization.

Article 19. Obligation to publish

19.1. Government organization must publish following decisions or information:
19.1.1. Draft law submitted for discussion at the State Great Hural, law approved by the State Great Hural and other decision of the State Great Hural;
19.1.2. Decisions of the Cabinet, state central administrative or local administrative organizations or agencies of the Cabinet;
19.1.3. Order of the State Great Hural session and Cabinet meeting and working procedure for Board of a Minister of Mongolia;
19.1.4. Procedure for using minutes of the State Great Hural session and the Cabinet meeting;
19.1.5. Charter, structure, budget, vacancy or salary fund of government organization;
19.1.6. Procedure on accepting and resolving citizen's applications and complaints observed in government organizations;
19.1.7. Types and forms of information held by particular organizations.

19.2. Obligations pursuant to Article 19.1.2., 19.1.5., 19.1.16. shall apply same to the non-governmental organization, self-governing organization and private entity that performs public service.

Article 20. Power of National Human Rights Commission on Legislation of Freedom of Information

20.1.National Human Rights Commission shall exercise following power in addition to those stipulated in the Law on National Human Right Commission:
20.1.1. to exert control over enforcement of law and legislation on freedom of information;
20.1.2. to obtain from organization or official a report on works carried out in order to enforce the Freedom of Information Law;
20.1.3. to examine and review enforcement of law and legislation on freedom of information at government, non government organization or business entity regardless of their types of ownership, forms and jurisdiction and to discuss reports and presentations of their governing officers in meetings and to assign them duties or to provide directions;
20.1.4 to organize and conduct training and promotion on freedom of information issues;
20.1.5. to give advise to organization or official on enforcement of law and legislation on freedom of information;
20.1.6. to submit to respective higher instance organization an issue of official who has failed or has exceeded the deadline to implement an assignment or advise given by National Human Rights Commission and to request response;
20.1.7. to consolidate [reports on] enforcement of Freedom of Information Law annually and to issue a conclusion;
20.1.8. to review and resolve complaints submitted by citizens.

Article 21. Organization’s report

21.1. Report of the organization shall contain following information:

21.1.1. the number of requests for information received from a citizen and legal entity, granted in full or part, and the number of requests for information transferred to other organization
21.1.2. which article and paragraph of this law were relied upon to
transfer request for information, in part or in full.
21.1.3. the number complaints to the higher instance organization or official and National Human Right Commission from a citizen and legal entity on the information provided by particular organization
21.1.4. fees charged for services during the report term
21.1.5. activities pursuant to Article 17.2., 19

CHAPTER FOUR. ENSURE IMPLEMENTATION OF FREEDOM OF INFORMATION LEGISLATION

Article 22. Control over activities related to resolving request

22.1.Official of organization shall exert control over whether activities related to receipt and resolution of a request addressed to particular organization’s official and National Human Right Commission are in compliance with law and legislation.

Article 23. Lodging complaint

23.1. A citizen and legal entity shall have the right to lodge a complaint against activities of government organization or official.

23.2. If a citizen and legal entity considers that his/her rights and lawful interests are violated by actions of government organization or official, he/she shall lodge a complaint to higher instance organization or official which have jurisdiction over that organization or official and National Human Right Commission.

23.3. Organization or official indicated in Article 23.2. of this Law shall accept a complaint submitted by a citizen as provided in the Law on Resolving Application or Complaint Submitted by a Citizen to Government Organization or Official and shall review and respond within 30 days.

23.4. Complaint submitted to National Human Right Commission shall be reviewed by the Law on National Human Right Commission.

23.5. If a citizen and legal entity does not agree with the grounds of decision of the higher instance organization or official, shall have a right to lodge a complaint to court.

Article 24. Protection of a citizen who provided an information

24.1. Authorized government organization shall take measures directed at ensuring security of a citizen who has provided reasonable information on a committed crime or on preparation to commit a crime, corruption, danger or damages to national security or environment or health of the people.

Article 25. Liabilities to be imposed on violators of law and legislation on freedom of information

25.1. Authorized official shall impose disciplinary penalty on officials guilty in violation of Articles 17.1.2, 17.1.4, 17.4 and 17.5 of this Law.
25.2. Judge shall impose administrative penalty, a fine of MNT 50,000-60,000 on an official who has violated Article 16.1 of this Law.

Article 26. Compensation of damages

26.1. As provided in Civil Code, damages caused to a citizen due to wrong actions of organization or official shall be compensated in full amount by that organization.

Article 27. Entering into force

27.1. This Law shall enter into force from _____day, ______month, of 200...