In order to meet the objectives indicated for the process of requests for information from legislatures, the following aspects in the box on the right should be considered.
For more information on each of the elements, please access the Legislative transparency toolkit (pp.36-37) publication.
The procedure for handling requests for access to information within legislatures considers the stages, actions, and requirements of this process, regardless of the operational structure of the corresponding parliament. The structure and responsible parties supporting this process should be established in official documents in order to safeguard its institutionalization.
For further information on each of the elements, please consult the publication Legislative transparency toolkit (pp.38-41).
The parliament should make its services for attending and responding to requests for access to public information publicly available. It is key that service platforms—as well as the minimum submission requirements and other standardized information related to the service (methods, hours, forms, requested data, time frames, and reproduction costs, among other information)—be previously detailed on parliament websites.
In internal management, it is important for the parliament to define the organizational structure and work processes aimed at obtaining and delivering requested public information. To optimize its operation, the parliament may turn to its oversight body or responsible office for guidance and advice on actions aimed at:
For further information on each of the elements, please consult the publication Legislative transparency toolkit (p.38).
The response given to the requesting person will vary depending on the scope of the request; namely, the type of information requested and the entity responsible for its management.The answer provided may have the characteristics shown in the picture on the right.
On the other hand, disclosure of the following categories of information may be denied:
✔ Reserved information: Public information that is temporarily excluded from public knowledge due to a clear, probable, and specific risk of harm to public interests and in compliance with the requirements established in applicable regulatory frameworks.
✔ Confidential information: Private information held by public bodies to which public access is prohibited by constitutional or legal mandate due to a legally protected interest.
For more information, please access the Legislative Transparency Toolkit publication (pp. 39-40), as well as the provisions of the Inter-American Model Law 2.0 on Access to Public Information.
It is important that the Transparency Units of parliament keep a record of the performance of the process of requests for access to information, including time periods, results, types of response, and main type of information requested, among other information. The Model Law on Access to Information, states that “public authorities shall report annually to the Information Commission on the activities of the public authority pursuant to or to promote compliance with this Law.”
Some practical examples can be found below. For a more exhaustive list, we invite you to consult the Legislative transparency toolkit (p.43).
The Guide on Requests for Access to Information provides guidance on the procedure to be followed in order to exercise the right of access to information in the Senate.
Provides information on the main provisions of the regulations and presents the different mechanisms related to access to information in line with the Transparency Law.
Some practical examples can be found below. For a more exhaustive list, we invite you to consult the Legislative transparency toolkit (p.43).
The Governing Board rule regulates, within the scope of the Federal Senate, establishing access to data, information, and documents of interest to society and the State.
Located in the “Our Commitments” section, is used to manage the process for requests for information, indicating applicable limits and the stages of the process.
Some practical examples can be found below. For a more exhaustive list, we invite you to consult the Legislative transparency toolkit (p.44).
Is the channel for submitting requests for access to information from bodies subject to Canada’s Access to Information Act and contains a repository of answered requests.
The State Transparency Portal is a technological platform used as a single channel for the submission of requests for access to information from bodies subject to the Transparency Law of Chile.
Some practical examples can be found below. For a more exhaustive list, we invite you to consult the Legislative transparency toolkit (p.44).
All records of requests for access to information and the responses given are displayed on the online platform.
The Senate’s Transparency Portal presents both periodic reports on the handling of requests for access to information, as well as statistics on the requests made.
Some practical examples can be found below. For a more exhaustive list, we invite you to consult the Legislative transparency toolkit (p.45).
The Transparency Portal includes an annual record of the index of reserved files.
The Transparency Portal includes an index of information reserved from public knowledge.
The Gender Model developed by the RTA recommends incorporating the following aspects in the work process:
✔ Requests for information must be received with a cultural- and gender-sensitive approach, especially when they are made in person. It is important that parliament advise the person requesting information from a gender-sensitive perspective, especially if that person is a woman living in vulnerable conditions.
✔ Request records must be disaggregated by sex in the different categories, without affecting the confidentiality of the persons requesting information.
✔ It is important that persons processing requests for information have some gender training in order to perform this task appropriately, especially in cases in which the information refers to an issue of concern to women.
✔ The record of responses should include reports disaggregated by sex, while maintaining confidentiality.
The following practices have been submitted by parliamentarians and related stakeholders, and describe techniques that can be applied to:
Request for access to public information
