A person shall have the right to know and have access to official information without being the interested person, whereby such person can
- investigate such information from the Royal Gazette in the event such information must be revealed by being published in the Royal Gazette pursuant to Section 7 of the Act.
Section 7 A State agency shall at least publish the following official information in the Royal Gazette
(1) the structure and organization of its operation
(2) the summary of important powers and duties and operational methods
(3) a contacting address for the purpose of contacting the State agency in order to request and obtain information or advice
(4) by- laws, resolutions of the Council of Ministers, regulations, orders, circulars, Rules, work pattern, policies or interpretations only insofar as they are made or issued to have the same force as by-laws and intended to be of general application to private individuals concerned
(5) such other information as determined by the Board.
If any information which has already been published for dissemination in sufficient number is published in the Royal Gazette by making reference to such prior published material, it shall be deemed to comply with the provisions of paragraph one.
A State agency shall, for dissemination purpose, compile and make available the information under paragraph one for sale, disposal or distribution at its office as it thinks fit.”
- In exercising the right to inspect information as prepared by the State agency under Section 9 of the Act by oneself at the place designated by such agency, such exercise of the right shall be as follows
Section 9 Subject to Section 14 and Section 15, a State agency shall make available at least the following official information for public inspection in accordance with the rules and procedure prescribed by the Board
(1) a result of consideration or a decision which has a direct effect on a private individual including a dissenting opinion and an order relating thereto
(2) a policy or an interpretation which does not fall within the scope of the requirement of publication in the Royal Gazette under Section 7
(3) a work-plan, project and annual expenditure estimate of the year of its preparation
(4) a manual or order relating to work procedure of State officials which affects the rights and duties of private individuals
(5) the published material to which a reference is made under Section 7 paragraph two
(6) a concession contract, agreement of a monopolistic nature or joint venture agreement with a private individual for the provision of public services
(7) a resolution of the Council of Ministers or of such Board, Tribunal, Commission or Committee as established by law or by a resolution of the Council of Ministers; provided that the titles of the technical reports, fact reports or information relied on in such consideration shall also be specified
(8) such other information as determined by the Board
if any part of the information made available for public inspection under paragraph one is prohibited from disclosure under Section 14 or Section 15, it shall be deleted, omitted or effected in such other manners whatsoever so as not to disclose such part of the information.
A person, whether interested in the matter concerned or not, has the right to inspect or obtain a copy or a certified copy of the information under paragraph one. In an appropriate case, a State agency may, with the approval of the Board, lay down the rules on the collection of fees therefor. For this purpose, regard shall also be had to the making of concession given to persons with low incomes, unless otherwise provided by specific law.
The extent to which an alien may enjoy the right under this Section shall be provided by the Ministerial Regulations.”
- In exercising the right to inspect, a person may file an application to the State agencies having kept or control over such general official information under Section 11 of the Act
Section 11 If any person making a request for any official information other than the official information already published in the Royal Gazette or already made available for public inspection or already made available for public studies under Section 26 and such request makes a reasonably apprehensible mention of the intended information, the responsible State agency shall provide it to such person within a reasonable period of time, unless the request is made for an excessive amount or frequently without reasonable cause.
If any official information is in a condition which can be easily damaged, the State agency may request for an extension of the period for its provision or may provide copies thereof in any such condition as to avoid damage thereto.้
The official information provided by the State agency under paragraph one must be the information already subsisting in the condition ready for distribution without requiring new preparation, analysis, classification, compilation or creation, unless it is the case of transformation into a document from the information recorded in the visual or sound recording system, computer system or any other system as determined by the Board. If the State agency is of the opinion that the request is not for the benefit of trade and is necessary for the protection of the rights and liberties of such person or is beneficial to the public, the State agency may provide such information.
The provisions of paragraph three shall not prevent the State agency from creating new official information available to the person making the request if it is consistent with the usual powers and duties of such State agency. The provisions of Section 9 paragraph two, paragraph three and paragraph four shall apply mutatis mutandis to the provision of the information under this Section”.
- Any search of the historical information can be done at the National Archives Division, Fine Arts Department in accordance with Section 26 of the Act
Section 26 A State agency shall deliver official information, which it does not wish to keep or which is kept beyond the period under paragraph two as from the date of completing such information, to the National Archives Division, Fine Arts Department or other State agencies as specified in the Royal Decree, in order that it is selected for public studies.
The period of delivery of the official information under paragraph one shall be classified as follows
(1) in respect of official information under Section 14, seventy-five years
(2) in respect of official information under Section 15, twenty years. The period under paragraph two may be extended in the following cases
(3) where the State agency still needs to keep the official information for its own use; provided that, it shall be kept and made available for public studies as agreed upon with the National Archives Division, Fine Arts Department
(4) where State agency is of the opinion that such official information should not yet be disclosed; provided that, an order extending the period shall be issued for each particular case and such order shall also specify the length of extension which shall not exceed five years each.
The inspection or review of the extension of time in excess of necessity shall be in accordance with the rules and procedure as prescribed in the Ministerial Regulations.
The provisions of this Section shall not apply to official information the destruction of which is required or allowed to be carried out by State agencies or Slate officials without need to keep it in accordance with the Rule prescribed by the Council of Ministers.
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