Open Records Laws › Afghanistan

Afghanistan

قانون دسترسی به اطلاعات / د معلوماتو ته لاسرسي قانون (Law on Access to Information)

قانون دسترسی به اطلاعات / د معلوماتو ته لاسرسي قانون (Law on Access to Information, 2014, amended 2018)

RTI Rating: 139 (source)

Response Timeline

Initial Response
10 days
Extension
10 days
Residency Required
None

10 working days from receipt of request. Extension of up to 10 additional working days permitted if request is voluminous or requires consultation with other bodies. Applicant must be notified of extension and reasons.

How to Submit a Request

Accepted Methods

  • {'notes': 'Written requests to public authority information officers', 'method': 'written'}
  • {'notes': 'Oral requests permitted; must be recorded in writing by receiving officer', 'method': 'oral'}

Requests may be submitted in writing or orally to designated information officers at each public authority. No specific form required. Oral requests must be transcribed by the receiving officer.

Required Elements

  • Name and contact information of requester
  • Description of information sought
  • Preferred format for receiving information (if applicable)

Fees

First 20 pages provided free of charge. Additional pages charged at actual reproduction costs. Electronic formats preferred to minimize costs. Fees must not be excessive or act as barrier to access.

Exemptions

  • National security
    Information whose disclosure would harm national security or defense
  • International relations
    Information that would harm international relations or negotiations
  • Law enforcement
    Information that would prejudice law enforcement, investigation, or prosecution
  • Privacy
    Personal information whose disclosure would constitute unwarranted invasion of privacy
  • Commercial confidentiality
    Trade secrets or commercial information provided in confidence
  • Deliberative process
    Internal deliberations and advice, unless public interest outweighs harm
  • Judicial process
    Information that would interfere with fair trial or judicial process

All exemptions subject to harm test and public interest override (Article 25). Refusals must specify applicable exemption and reasons. Severability required: exempt portions redacted, remainder disclosed. No class-based exemptions; harm must be demonstrated for each refusal. Public interest override applies when benefit of disclosure outweighs potential harm, particularly for human rights violations, corruption, or public health/safety matters.

Appeal Process

1

1

2

2

3

3

Three-tier appeal system: (1) internal review by head of authority, (2) independent Access to Information Commission, (3) judicial review. Internal review required before external appeals. Commission has binding powers to order disclosure and impose penalties. Courts provide final review. CRITICAL: Under Taliban rule (2021-present), oversight bodies non-functional and judicial system lacks independence.

Sources & References