Oversight institutions

Presentation

An oversight institution refers to the institution charged with ensuring oversight and therefore accountability for the implementation of Access to Information. The same institution may also do appeals, although it is a distinct function from oversight. This is why in some countries, there exist more than one oversight institution, depending on the different tasks performed.

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Oversight institutions

The oversight function can be exercised by the following institutions:

  • Information Commission/ Commissioner;
  • Data Protection or Privacy Commission / Commissioner
  • Human Rights Commission
  • Ombudsman/Department/ Ministry/ Agency

Access to Information oversight institutions

The access to information institution undertakes the role of monitoring and controlling the implementation and enforcement of existing Access to Information Laws. It reports back and judges requests for information, in adherence with international standards.  It may take the form of a specific and dedicated institution or grouping such as a network of information commissioners, ombudsman, human rights commission, within a department, ministry, etc.

Roles of dedicated Access to Information oversight institutions

Dedicated access to information institutions can exercise the following roles:

  • Oversight (legal responsibility to ensure implementation of the guarantee)
  • Appeals
  • Monitoring of Access to Information implementation
  • Enforcement of compliance with access to Information legal guarantee
  • Mediation

Head of the oversight institutions

Oversight institutions are to be independent. Depending on countries legislation, they may be subject to different forms of accountable oversight of an administrative or judicial nature.

Other activities of Access to Information oversight institutions

Access to Information oversight institution/s can carry out the following activities:

  • Publish an Annual Report
  • Provide implementation guidance and/or offer training to officials from public institutions (Ministry/Agency/Department)
  • Raise public awareness
  • Keep statistics on requests and/or appeals
  • Request public institutions to keep statistics of their activities and decisions

Access to Information good practices with regards promoting gender equality

The importance of access to information as an internationally recognized human right has long been acknowledged. However, the realization of this right for women remains elusive. To encourage greater gender-sensitivity in Access to Information Laws and its implementation, access to information oversight institutions can consider gender-specific commitments to advance women鈥檚 empowerment.

Formal requests under Access to Information guarantee(s)

Access to Information Laws entitle the public to request access to information (documents and other information recorded in any format) and to respond to such requests in a timely fashion.

A request for information is a formal request under the Access to Information Law by an individual or legal entity, which seeks to obtain specific information from a public institution. It is essential to ensure adequate and reliable records of the information requests and appeals received, so that evidence can be generated to track progress on the implementation of Access to Information Laws.

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