Freedom of Information: A Comparative Legal Survey - Federation of ...

odies for any purpose, including commercial purposes. Requests may be submitted orally either directly
or over the phone, or in writing via direct delivery, post, fax or email (Article 13.1). A request shall include
the name of the applicant, contact details, a description of the information sought and the form in which
the applicant would prefer to access the information. Requests for private information should also be
accompanied by the applicant’s identifi cation document. Where a request is defi cient the applicant should
be informed within fi ve working days. Failure to identify the requested information suffi ciently clearly is a
ground for refusing a request. Reasons are not required to be given except in certain cases, such as where
offi cial confi rmation of provision of the information is needed for purposes of exercising a right or where
the information is sought on an urgent basis (Articles 15, 21.1 and 24.4).
Public bodies are generally required to secure everyone’s “free, unrestricted and equal” right to access
information (Article 10.1). More specifi cally, they are required to inform applicants about the “terms,
policies and methods” of making requests, to assist applicants locate information they do not hold, to assist
applicants to defi ne the information sought suffi ciently clearly and to provide assistance as necessary to
applicants who cannot produce a written request, for example due to illiteracy or disability (Article 17).
Requests for information must be registered upon receipt unless they are anonymous or verbal, although
provision of a request on letterhead or with even a single contact detail is enough to engage the obligation
of registration (Article 18). Every properly submitted written request must be processed (Article 15.7). The
manner in which a request has been dealt with – either through provision of the information or rejection
of the request – shall be entered into the register, along with the name of the offi cial, the date, and the
details of any provision of information or grounds for refusing a request (Article 28). These are progressive
provisions which, if followed, will ensure a good paper trail for any appeals.
Article 24 provides that requests must be answered as soon as possible and in any case within seven working
days (see also Article 10.4.1). Where more time is needed to prepare the information, to defi ne the request
or to search through a large number of documents, the response time may be extended by an additional
seven working days, in which case the applicant shall be informed within fi ve working days (Article 25).
Where the information is needed more quickly, requests shall be processed immediately or, where this is
impractical, within 24 hours. Where the information is needed to prevent a threat to life, health or freedom,
it should be provided within 48 hours (Article 24). Providing for quick timelines where the information is
needed quickly is an interesting innovation which may be particularly useful for journalists.
Where a public body does not hold the information requested, it should try to determine which public body
does hold the information and transfer the request to that body within fi ve working days. This obligation
does not apply to private bodies covered by the law, but they shall inform applicants within fi ve working
days if they do not hold the information sought (Article 23).
The Azerbaijani RTI Law does not address the question of notifi cation of third parties. Article 27 provides
that a request is considered satisfi ed when the information has been provided, the request has been
forwarded and the applicant notifi ed, the applicant has been advised on how to access the information, or
the applicant receives a “grounded notifi cation on the refusal” to provide information. This is supplemented
by Article 21.3, which provides that the response to any refusal to provide information should be ‘explicit’
and indicate the specifi c legal provisions upon which it is based. These provisions could be further improved
by requiring details regarding the right of appeal to be provided where a request is refused.
Article 14.1 addresses the question of form of disclosure of information, while Article 10.4.1 provides
generally that requests must be answered in the manner most appropriate for the applicant. Applicants
may specify various forms of access including inspection of a document, an opportunity to make a copy
of a document, being provided with a certifi ed copy, transcription of coded information, or provision in
electronic form. The specifi ed form of access may be refused where the public body lacks the technical
means to comply, where the form in which the information is held makes this impossible, where to do so
would interfere with the normal operation of the public body, or where this would cause damage to the
record. In these cases, the public body determines the form of access (Articles 14.5, 16.1 and 16.2). Article
16.2 describes when a verbal response may be provided, such as where a request is made in the form of
a direct appeal to offi cials. Where information is available in many languages, it should be provided in the
language preferred by the applicant (Article 16.5).
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