How to access information?

Access to information is either through consultation on the website of the relevant structure, if the information has been automatically published, or by submitting a request for access to information to that structure if the desired information is not published.

What are the penalties ensuring the right of access to information?

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

What are the access modalities?

When submitting the request, the requester must specify the desired method of access:

– On-site consultation, unless it harms the information,

– Paper copy,

– Electronic copy, if possible,

– Or excerpts of the information.

The request can be submitted:

1- Directly to the structure, with mandatory acknowledgment of 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

- Prime Ministry and its structures

- House of People's Representatives and its structures

- Ministries and other supervised bodies in Tunisia or abroad

- Central Bank

- Public institutions and companies, including their foreign representations

- Local and regional public structures

- Local authorities

- Judicial authorities: Supreme Judicial Council, Constitutional Court, Court of Auditors

- Constitutional bodies

- Independent bodies

- Regulatory authorities

- Private legal persons managing a public service

- Associations and structures benefiting from public funding

Are there any fees for accessing information?

Everyone has the right to access information free of charge. However, if providing the information involves costs, the requester must be informed in advance. These costs must not exceed the actual expenses incurred by the structure. Paid access cases are strictly defined by law. No payment can be required unless stipulated by law. If payment is required, proof must be provided before accessing the information.

How to appeal in case of refusal?

An appeal can be submitted to the head of the concerned structure within 20 days following the notification of refusal. The response must be provided within 10 days. Lack of response is considered 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 access to information officer?

The officer, appointed by the structure's head, is responsible for:

1. Receiving, processing, and responding to access requests.
2. Liaising 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 managers, under the supervision of the head.
4. Writing quarterly and annual reports with statistics and proposals to strengthen access.
5. Following up the implementation and updating the action plan.

What are the response timeframes?

Response must be given within 20 days from receipt or correction of the request. For on-site consultation, the deadline is 10 days. Refusals must be written and justified, indicating appeal procedures as per Articles 30 and 31 of Law No. 22-2016.

1. If the requested information concerns a person’s life or freedom, the response must be written within 48 hours.
2. Lack of response within legal deadlines is considered an implicit refusal, allowing for appeal.
3. If the information is held by another structure, the officer must inform the requester or transfer the request within 5 days.
4. An extra 10 days may be granted for complex requests involving several pieces of information.

*In all cases, failure to respond on time is considered implicit refusal and may be appealed.