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` Transparency, Ethics, and Responsibility Prepared by Michael Karanicolas Legal Officer Centre for Law and Democracy.

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Presentation on theme: "` Transparency, Ethics, and Responsibility Prepared by Michael Karanicolas Legal Officer Centre for Law and Democracy."— Presentation transcript:

1 ` Transparency, Ethics, and Responsibility Prepared by Michael Karanicolas Legal Officer Centre for Law and Democracy

2 The Right to Information Maximum Access, limited exceptionsMaximum Access, limited exceptions Applies to all public bodies, including broadcast regulatory bodiesApplies to all public bodies, including broadcast regulatory bodies Right of appeal to an independent bodyRight of appeal to an independent body Clear and simple requesting procedures, and no requirement for reasonsClear and simple requesting procedures, and no requirement for reasons Effective oversight, including appropriate sanctionsEffective oversight, including appropriate sanctions Proactive approaches to disclosure embracing open dataProactive approaches to disclosure embracing open data

3 Secret Information Open Information

4 Secret Information

5 Mongolia’s Placement 51. Netherlands - 83 52. Colombia – 82 52. Mongolia – 82 52. Russia – 82 55. Romania – 81 56. Canada – 79 56. Malta - 79

6 SectionScoreMaximum Score 1. Right of Access46 2. Scope2330 3. Requesting Procedures2030 4. Exceptions and Refusals630 5. Appeals2330 6. Sanctions and Protections28 7. Promotional Measures416 Total score82150

7 Mongolia’s RTI Law: Strengths Clear and simple procedures for filing access requestsClear and simple procedures for filing access requests A robust appeals mechanismA robust appeals mechanism The law applies to most public bodiesThe law applies to most public bodies

8 Mongolia’s RTI Law: Weaknesses The law does not apply to the armed forces, border protection and intelligence organisationsThe law does not apply to the armed forces, border protection 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 or for whistleblowersThe law lacks protections for the oversight body or for whistleblowers

9 Content Rules Codes of conduct should be applied by an independent regulatory body, or through self-regulationCodes of conduct should be applied by an independent regulatory body, or through self-regulation Prior censorship is never appropriatePrior censorship is never appropriate

10 Advertising 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

11 Thank you for listening! Michael Karanicolas michael@law-democracy.org @RTI_Lawwww.law-democracy.org


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