Access to Information Policy of the Ministry of Youth and Sports Affairs
 
 

Access to Information Policy

Legal framework for access to information:

To guarantee the right of every natural or legal person to access information and to strengthen the principle of transparency, the right of access to information and administrative documents was established by the Tunisian Government under Organic Law No. 22 of 2016 (dated 24 March 2016). Documents published may be consulted or requested in any form and obtained free of charge or for a nominal fee if applicable, excluding information that may harm public security, national defense, international relations, or third-party rights.

Access concerns documents published proactively by public bodies on their websites or requested by applicants, regardless of their form, carrier or date, either directly or through other means. Requested documents are provided after submitting an access request containing basic information to be studied and followed up by the officer in charge of information and access. Requests are processed within the deadlines provided by law. If documents are not made available, no reply is provided, or a refusal is issued, the applicant has the right to lodge a complaint under the prescribed procedures.

Administrative documents subject to access

First – Covered documents: Documents created by public bodies or obtained in the course of their public service activities, regardless of their date, form or medium.

Second – Exceptions:

  • Information that may cause harm to: (article 24)
    • • public security
    • • national defense
    • • international relations
    • • third parties’ rights to privacy, personal data protection and intellectual property
  • Data concerning the identity of persons who provided information to report violations or corruption cases (article 25).
  • The exceptions provided for in article 24 do not apply to:
    • • information necessary to reveal serious human rights violations or war crimes, to investigate them or prosecute perpetrators, unless doing so affects the higher interest of the State.
    • • where public interest outweighs the harm to the protected interest in the presence of a serious threat to health, safety or the environment, or due to a criminal act.
    • • documents that form part of the public domain (according to the deadlines and conditions set by the Archives law).
  • If the requested information is partially covered by an exception referred to in articles 24 and 25, access can only be granted after redacting the portion subject to the exception.

Guide to access procedures

1 - Submitting requests for administrative documents:

A request for access to administrative documents, for natural or legal persons, must be made by a written application pre-established and made available by the concerned body on its website or on paper, submitted directly against receipt, or sent by registered mail, fax or email with acknowledgment of receipt.

If the requester cannot prepare the written application due to a disability (loss of hearing/vision) or inability to read/write, the access officer must provide the required assistance to prepare the request.

The request must include, in accordance with articles 10 and 12 of Organic Law No. 22 of 2016, the full name and address for natural persons, and the corporate name and registered office for legal persons, together with necessary clarifications regarding the information requested and the relevant body.

If the request does not contain the required information, the access officer informs the requester in writing within a maximum period of 15 days from the date of receipt.

2- Time limits:

Maximum response deadlines to requests:

  • • No later than 20 days from the date of receipt of the request or from the date of its correction.
  • • No later than 10 days if the request concerns on-site consultation.
  • • No later than 48 hours if the access request affects a person’s life or liberty.
  • • Within 30 days for documents requiring consultation with other parties, provided the requester is informed within 15 days.

Deadlines in case of non-compliance with requests:

  • • 5 days in case of referral of the request to another body holding the requested information.
  • • Before the expiration of 15 days in case of non-response, with reasons and notification of appeal possibilities.
  • • No later than 30 days if consultation of another body is required, which must reply within 15 days from the consultation request.

Appeal deadlines in case of refusal:

  • • No later than 20 days to file a complaint with the head of the concerned body (appeal request); the head must respond within 10 days from the filing date.
  • • If the head does not respond within 10 days or rejects the appeal, the requester may challenge the decision before the Access to Information Authority within 20 days from notification of the refusal.

3- Forms of access to information:

a) When preparing the request, the applicant must specify the desired form of access among the following:

  • • On-site consultation of the information.
  • • Obtaining a paper copy of the information.
  • • Obtaining an electronic copy if possible.
  • • Obtaining excerpts of the information.

b) The concerned body shall provide the information in the requested format; if the requested format is not available, it must provide it in the available format.

4- Fees:

Access to information is free of charge. If obtaining the information requires costs, the requester will be informed in advance and asked to pay an amount not exceeding the actual costs incurred by the body. Documents are delivered only upon presentation of proof of payment.

5- Tasks of the access officer:

Each body subject to the law must appoint an access officer and a deputy by decision. The appointment decision must be communicated to the Access to Information Authority within 25 days from the date of signature of the decision and published on the body’s website.

The access officer shall in particular:

  • • Receive, process and respond to access to information requests.
  • • Liaise between the concerned body and the Access to Information Authority.
  • • Prepare an action plan to promote the right of access to information in coordination with the head of the body.
  • • Prepare quarterly reports and submit them within fifteen (15) days following each quarter to the head of the concerned body.
  • • Prepare an annual access to information report during the first month of the year following the reporting year and submit it, after approval by the head of the body, to the Access to Information Authority.
  • • Monitor and update the implementation of the action plan under the supervision of the head of the concerned body.

The head of the concerned body shall facilitate the duties of the access officer and coordinate with them by providing the necessary data to prepare the action plan.

Forms available

Documents, orders and important links (download)

For more information or to submit an access to information request, please use the forms above and send them to the concerned body or submit them directly according to the provided procedures. In case of refusal or failure to respond within the prescribed deadlines, appeal mechanisms are available as described in the guide above.

Ministry of Youth and Sports
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