[open-government] Fwd: [ORG-law] UK foia reach on private government subcontractors

Tue Nov 16 16:36:41 UTC 2010

The Polish law is attached in English translation (may not be fully
up-to-date).

This is not like the South African law. It applies to public bodies
exercising public functions and also trade unions and political parties
(presumably on the basis that they also exercise public-type functions).
There are a number of laws which add in certain categories of private
bodies on the theory that they are analogous to public bodies (eg Nepal
and Bangladesh both cover NGOs). But no other law that I am aware of that
covers all private bodies.

Toby

>  A quick follow up, Polish law seems to have a specific clause on this,
> unfortunately I do not speak polish :)
>
> http://www.epractice.eu/en/document/288334
>
>
>
> On 16 November 2010 16:05, Fabrizio Scrollini
> <fabrizio.scrollini at gmail.com>wrote:
>
>> Yes, I know it is a radical example and also a very unique one. I
>> disagree
>> that it is a different matter tough, South Africa just defined the
>> extension
>> broadly, regardless the fact that the private bodies hold or not public
>> information. I think it falls in the scope of this discussion, it is
>> just
>> more radical though. (and I am unsure about the implementation)
>>
>> Best,
>> F.
>>
>>
>> , but I am not sure if it is a different matter. A
>>
>>   On 16 November 2010 15:52, <toby at law-democracy.org> wrote:
>>
>>>
>>> Actually, this is a bit different. The South African law, uniquely,
>>> applies even to the purely private functions of private bodies where
>>> the
>>> information is needed for the exercise or protection  of a right.
>>>
>>> That goes well beyond what we are discussing here, which is application
>>> of
>>> the law to private bodies operating with public funds or otherwise
>>> exercising public functions.
>>>
>>> Toby
>>>
>>> > Actually, there is already one law as far as I am concerned that does
>>> this
>>> > in South Africa. Unsure about
>>> > implementation. Hope it helps.
>>> >  Promotion of Access to Information Act, 2000 (Act 2 of 2000)
>>> > Part 3: Access to Records of Private Bodies
>>> > Chapter 1: Right Of Access
>>> > 50. Right of access to records of private bodies
>>> >
>>> >
>>> >
>>> >
>>> > 1)        A requester <javascript:void(0);> must be given access to
>>> any
>>> > record <javascript:void(0);> of a private body if--
>>> >
>>> > a)        that record is required for the exercise or protection of
>>> any
>>> > rights;
>>> >
>>> > b)        that person <javascript:void(0);> complies with the
>>> procedural
>>> > requirements in this Act <javascript:void(0);> relating to a request
>>> for
>>> >
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