UNESCO Access to Information Panel appeal review procedure
If an access to information request made in accordance with the Access to Information Policy (paragraph 5.1) is denied, the requester may ask for a review of this determination by the Panel members (hereafter “you”).
Desk/Panel Secretariat (ADM/EO) acknowledges every request for review (i.e., appeal) within 30 calendar days.
THE APPEAL IS NOW OPEN
Desk/Panel Secretariat shares the appeal with you and schedules a Panel meeting. You have 90 calendar days to review the appeal and provide a final determination – para. 5.2(b).
PANEL STEPS:
1. INDIVIDUAL PANEL MEMBER REVIEW
Individually review the appeal documentation.
Contact ATI Desk/Panel Secretariat to request additional information and documentation, as required.
2. PANEL MEETING
Meet virtually or in situ whenever there is an appeal for review - para 4.2(d)
Deliberate with a quorum of at least four (4) principal members - para 4.2(b)
Call upon additional internal or external expertise when members deem appropriate to do so, including the data steward, LA and CAB, etc. - para 4.2(e)
Examine grounds for denial. Determine whether the Policy has been properly applied by the data steward. A request may be partially or wholly denied as follows - para 5.1(e):
(i) In accordance with Exceptions set out or referred to in para. 3.2;
(ii) If the request would place an excessive burden upon UNESCO's resources;
(iii) If the request is vexatious and/or repetitive.
You may reverse a decision of the data steward to deny access only if you determine:
(i) The data steward’s decision to deny access violated the Policy, i.e., was improper or unreasonable pursuant to the terms of the Policy.
(ii) In exceptional circumstances in accordance with para 5.2(c), that the overall benefits and public interest of disclosing the information deemed confidential in paragraph 3.2 outweighs the likely harm to the interest(s) protected by the exception(s). This may include situations in which the disclosure of certain confidential information would, in UNESCO's view, be likely to avert imminent and serious harm to public health or safety, and/or imminent and significant adverse impacts on the environment. Such disclosure by UNESCO would be on the most restricted basis necessary to achieve the purpose of the disclosure. If the confidential information has been provided by or relates to a Member State or third party, UNESCO would make such disclosure only after informing the Member State or third party of its concerns and considering their plans to address and mitigate the potential harm involved.
3. PANEL DECISION
Make a final determination within 90 calendar days of receipt of the appeal.
Panel members may notify the Chair to request an extension of the deadline. An extension may be granted for an additional 30 days. Under exceptional circumstances, the deadline may be extended further, up to a maximum of 90 additional days, at the discretion of the Chair. All requests for extensions must be made in writing and include a justification for the additional time required.
Deliberate and make all decisions with a quorum of at least four (4) principal members.
Provide input towards finalizing the written decision of the Panel for each appeal, indicating the Panel’s decision and justification for either affirming or reversing the decision of the data steward in its entirety or in part.
The written decision shall be recorded in a form pursuant to your decision, including any dissents from the majority.
Decisions are administrative in nature and no remedy other than making the requested information available to the appellant shall be awarded.
If you reverse a decision to deny access, your decision must list the information to be made publicly available.
The Chair communicates all decisions taken by Panel in writing to the Desk/Panel Secretariat.
Decisions on appeals are final.
On receiving the Panel’s decision, the Desk/Panel Secretariat communicates the decision to the data steward and to the appellant.
THE APPEAL IS NOW CLOSED
Desk/Panel Secretariat assures record-keeping and reports to the Assistant Director-General for Administration and Management (ADG/ADM).