1. Disclosure / access to information policy
Does the development finance institution (DFI) have a disclosure or access to information policy?
For bilateral DFIs does the disclosure/access to information policy include reference to a Freedom of Information Act (FOIA)?
Publish What You Fund completes an assessment of the quality of disclosure policies based on the overarching approach taken in the Global Right to Information (RTI) Rating.
FOIA: The definition used in the Global RTI Rating is that it has to be a law in the strict sense. It must include the right of access to information, this right has to be enforceable and there must be compliant, court and high court appeal possibilities. Decrees are included if they meet the same standards. In addition, the FOIA must be in use for at least the executive part of the government; therefore, FOIAs which are only adopted, approved or still in draft form are not counted.
Additional definitions and notes
The following characteristics are assessed for disclosure / access to information policies:
Presumption of disclosure: to score for this indicator, a disclosure policy must have a specific clause that states disclosure as the rule, thereby requiring a compelling reason for non-disclosure.
Limitations on commercially sensitive information and sensitive internal deliberations information: to score on this indicator, non-disclosure clauses related to these matters must (a) clearly define a legitimate interest that is being protected, (b) be limited to protecting that interest against harm, and (c) be subject to a public interest override. To score on this indicator all three sub-criteria must be met.
Independent appeals process: to score for this indicator, information requesters must have a right to lodge an appeal regarding the application of the disclosure policy with an independent appeals body which includes individuals that are independent from the organisation and which has the power to make decisions on how the policy has been applied in any particular case.