How to access information?

Access to information is either through consultation on the website of the concerned structure, if it has published the information automatically, or by submitting an information access request to this structure if the desired information is not published.

What are the sanctions guaranteeing the right of access to information?

Any person who intentionally obstructs access to information within structures subject to the access to information law is liable to a fine of 500 to 5,000 dinars. Anyone who intentionally destroys information illegally or incites someone to do so is liable to one year in prison and a fine of 120 dinars.

What are the methods of accessing information?

When submitting the request, the applicant must specify the desired access method:

• On-site consultation, unless it harms the information
• Obtaining a paper copy
• Obtaining an electronic copy, if possible
• Or obtaining excerpts of the information

The request can be submitted:

1. Directly to the structure, with mandatory receipt
2. By registered mail, fax or email with acknowledgment of receipt

Which structures are subject to the access to information law?

• Presidency of the Republic and its structures
• Presidency of the Government and its structures
• Assembly of People's Representatives and its structures
• Ministries and other structures under supervision in Tunisia or abroad
• Central Bank
• Public establishments and enterprises, including their representations abroad
• Local and regional public structures
• Local authorities
• Judicial authorities: High Council of the Judiciary, Constitutional Court, Court of Auditors
• Constitutional instances
• Independent instances
• Regulatory instances
• Private legal entities managing a public service
• Associations and structures benefiting from public funding

Are there fees for accessing information?

Every person has the right to access information free of charge. However, if the provision involves costs, the applicant will be informed in advance of the fees, which must not exceed the actual expenses incurred by the structure. The cases where access is paid are strictly defined by law. No payment can be required in the absence of a legal text stipulating it. If the law requires a payment, proof of settlement must be provided before obtaining the information.

How to appeal in case of refusal?

An appeal can be addressed to the head of the concerned structure within 20 days of notification of the refusal. The response must be given within 10 days. The absence of a response is considered an implicit refusal. In case of explicit or implicit refusal, an appeal can be submitted to the Access to Information Authority within 20 days from the notification or implicit refusal.

What is the role of the information access officer?

The information access officer, appointed by the head of the structure, is responsible for:

1. Receiving, processing and responding to access requests
2. Ensuring liaison between the structure and the Access to Information Authority
3. Developing an action plan to guarantee the right to information in coordination with the structure's officials, under the supervision of the head of the structure
4. Writing a quarterly report and an annual report with statistics and proposals to strengthen access to information
5. Monitoring the implementation of the action plan and updating it

What are the response times?

The response must be provided within 20 days from receipt or correction of the request. In case of on-site consultation, this period is reduced to 10 days. The refusal must be written and justified, with indication of appeal procedures according to articles 30 and 31 of law n°22-2016.

1. If the requested information affects a person's life or freedom, the response must be provided in writing within 48 hours of the request
2. Absence of response within legal deadlines is considered an implicit refusal, opening the right to appeal
3. If the information is held by another structure, the access officer must inform the applicant or transfer the request within 5 days
4. An additional period of 10 days may be granted if the request concerns several pieces of information

In all cases, absence of response within deadlines is considered an implicit refusal that can be appealed.