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Transparency, Ethics, and Transparency, Ethics, and ResponsibilityResponsibility

Prepared by Michael KaranicolasPrepared by Michael KaranicolasLegal OfficerLegal OfficerCentre for Law and DemocracyCentre for Law and Democracy

The Right to InformationThe Right to Information• Maximum Access, limited exceptionsMaximum Access, limited exceptions• Applies to all public bodies, including broadcast regulatory Applies to all public bodies, including broadcast regulatory

bodiesbodies• Right of appeal to an independent bodyRight of appeal to an independent body• Clear and simple requesting procedures, and no requirement Clear and simple requesting procedures, and no requirement

for reasonsfor reasons• Effective oversight, including appropriate sanctionsEffective oversight, including appropriate sanctions• Proactive approaches to disclosure embracing open dataProactive approaches to disclosure embracing open data

Secret Information

Open Information

Open Information

Secret Information

Mongolia’s PlacementMongolia’s Placement

51. Netherlands - 8351. Netherlands - 8352. Colombia – 8252. Colombia – 8252. Mongolia – 8252. Mongolia – 8252. Russia – 8252. Russia – 8255. Romania – 8155. Romania – 8156. Canada – 7956. Canada – 7956. Malta - 7956. Malta - 79

Section Score Maximum Score

1. Right of Access 4 6

2. Scope 23 30

3. Requesting Procedures 20 30

4. Exceptions and Refusals 6 30

5. Appeals 23 30

6. Sanctions and Protections 2 8

7. Promotional Measures 4 16

Total score 82 150

Mongolia’s RTI Law: StrengthsMongolia’s RTI Law: Strengths

• Clear and simple procedures for filing access Clear and simple procedures for filing access requestsrequests

• A robust appeals mechanismA robust appeals mechanism• The law applies to most public bodiesThe law applies to most public bodies

Mongolia’s RTI Law: WeaknessesMongolia’s RTI Law: Weaknesses• The law does not apply to the armed forces, border The law does not apply to the armed forces, border

protection and intelligence organisationsprotection and intelligence organisations• Many exceptions are overly broad or illegitimateMany exceptions are overly broad or illegitimate• Many exceptions are not harm testedMany exceptions are not harm tested• There is no public interest overrideThere is no public interest override• The law lacks effective promotional measuresThe law lacks effective promotional measures• The law lacks protections for the oversight body The law lacks protections for the oversight body

or for whistleblowersor for whistleblowers

Content RulesContent Rules

• Codes of conduct should be applied by an independent Codes of conduct should be applied by an independent regulatory body, or through self-regulationregulatory body, or through self-regulation

• Prior censorship is never appropriatePrior censorship is never appropriate

Advertising RestrictionsAdvertising Restrictions

• Harmful products: such as tobacco or alcoholHarmful products: such as tobacco or alcohol• Prescription drugsPrescription drugs• Adult products or servicesAdult products or services• Advertising targeted at childrenAdvertising targeted at children• Misleading adsMisleading ads• Rules on differentiationRules on differentiation

Thank you for listening!Thank you for listening!

Michael KaranicolasMichael Karanicolasmichael@law-democracy.org

@RTI_Law@RTI_Lawwww.law-democracy.orgwww.law-democracy.org