Afghanistan
قانون دسترسی به اطلاعات / د معلوماتو ته لاسرسي قانون (Law on Access to Information)
Transparency Score: 93/100
RTI Rating: 139 (source)
Response Timeline
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
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
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National securityInformation whose disclosure would harm national security or defense
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International relationsInformation that would harm international relations or negotiations
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Law enforcementInformation that would prejudice law enforcement, investigation, or prosecution
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PrivacyPersonal information whose disclosure would constitute unwarranted invasion of privacy
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Commercial confidentialityTrade secrets or commercial information provided in confidence
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Deliberative processInternal deliberations and advice, unless public interest outweighs harm
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Judicial processInformation 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
Internal Review by Head of Public Authority
Must be filed with head of the public authority that denied request. Decision due within 15 days.
Access to Information Commission
Independent commission with power to order disclosure, impose penalties. Decision due within 30 days. Commission not operational under Taliban.
Administrative Court or Primary Court
Appeal to courts available at any stage or after Commission decision. Judicial system not independent under Taliban.
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.