What information can be accessed?
Any recorded information, regardless of its date or form (written, audio, or visual), and regardless of its medium (paper or electronic), produced or held by entities subject to the Organic Law on the right of access to information, within the scope of their activities.
How can information be accessed?
Access is granted either by consulting the concerned entity’s website when information is published proactively, or by submitting an access-to-information request when the requested information is not published.
What penalties protect this right?
A fine from five hundred (500) dinars to five thousand (5000) dinars applies to anyone who intentionally obstructs access to information. One year of imprisonment and a fine of one hundred and twenty (120) dinars apply to anyone who unlawfully destroys information or incites another person to do so.
What formats are available for access?
When submitting a request, the applicant must specify the desired format:
- On-site consultation, unless it may cause damage.
- Obtaining a paper copy.
- Obtaining an electronic copy, where possible.
- Obtaining extracts from the information.
The request may be submitted:
- Directly to the concerned entity, in exchange for a receipt that must be issued.
- By registered mail, fax, or email, with notification/acknowledgment of receipt.
Which entities are subject to the law?
- Presidency of the Republic and its bodies
- Head of Government and its bodies
- Assembly of the People’s Representatives and its bodies
- Ministries and all bodies under their supervision, in Tunisia and abroad
- Central Bank
- Public institutions and enterprises, including their representations abroad
- Local and regional public bodies
- Local authorities
- Judicial bodies, the Supreme Judicial Council, the Constitutional Court, and the Court of Audit
- Constitutional bodies
- Independent high authorities
- Regulatory authorities
- Private-law entities managing a public service
- Organizations, associations, and any entity benefiting from public funding
Are there any fees for access?
Access is free of charge. However, if providing the information involves costs, the applicant is informed in advance of the need to pay a fee that does not exceed the actual costs incurred by the concerned entity. Cases where access is subject to payment must be defined by law. If there is no legal basis, no payment may be requested. When the law requires payment, proof of payment must be provided before obtaining the information.
How can a refusal be challenged and appealed?
The applicant may file a complaint to the head of the concerned entity within twenty (20) days following notification. The head of the entity responds within a maximum of ten (10) days from the date of submission. Failure to respond is considered an implicit refusal. In case of explicit or implicit refusal, the applicant may appeal to the Access to Information Authority within twenty (20) days.
What is the role of the Access to Information Officer?
The Access to Information Officer is a key actor in implementing Organic Law No. 22 of 2016. The officer is appointed by the head of the concerned entity, along with a deputy, by an official decision. Key responsibilities include:
- Receiving, processing, and responding to access-to-information requests.
- Acting as a liaison between the concerned entity and the Access to Information Authority.
- Preparing an action plan to promote the right of access, under the supervision of the head of the entity.
- Preparing an annual report including statistics, proposals, and recommendations.
- Monitoring the implementation and updating of the action plan.
What are the response deadlines?
The concerned entity must respond within a maximum of twenty (20) days from receipt or correction of the request. For on-site consultation, the deadline is ten (10) days. In case of refusal, the decision must be written, justified, and must include appeal methods and deadlines in accordance with the law.
- If the request affects a person’s life or freedom: immediate response, no later than 48 hours.
- Failure to respond within legal deadlines is considered an implicit refusal that opens the right to appeal.
- If the information is held by another entity: inform the applicant or transfer within 5 days.
- Deadlines may be extended by 10 days with notification when multiple pieces of information are requested.
In all cases, failure to respond within legal deadlines constitutes an implicit refusal.
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