Open Records Laws › Angola

Angola

Lei n.º 11/02 de 16 de Agosto

Lei n.º 11/02 de 16 de Agosto (Law No. 11/02 of 16 August on Access to Documents held by Public Authorities)

RTI Rating: 75 (source)

Response Timeline

Initial Response
10 days
Residency Required
None

10 working days (dias úteis). No extensions permitted under the law.

How to Submit a Request

Accepted Methods

  • {'notes': 'Requests must be submitted in writing. No requirement to use official forms or state that the request is made under the access law.', 'method': 'written'}

Written requests are required but procedures are only partially clear and simple. No official forms mandated. Article 7(1) states "everyone" has the right to file requests, including non-citizens and legal entities.

Required Elements

  • Identification of the document (all references necessary for identifying the document)
  • Requester's name
  • Requester's address
  • Requester's signature

Optional Elements

  • Reason for request (not required by law)

Fees

Consultation of documents at public offices is free (Article 12). Photocopies require payment strictly corresponding to the cost of materials used and service provided, to be established by decree-law.

Exemptions

  • National Security and Defense
    Documents threatening internal or external state security may be denied access during necessary periods through classification under specific legislation (Article 5).
  • Judicial Secrecy
    Access to documents under judicial secrecy (segredo de justiça) follows separate legislation (Article 6).
  • Unconcluded Proceedings
    Access deferred for unconcluded processes or preparatory decision documents until decision, archival, or one year passes (Article 7).
  • Inquiries and Investigations
    Access deferred for inquiries and investigations until after disciplinary procedure deadline (Article 7).
  • Personal Data Protection
    Third-party access to nominative documents restricted to those with direct and personal interest; medical information requires physician intermediaries (Article 8).

Angola's law (Lei 11/02, 2002) does not meet regional standards for limited exemptions. RTI Rating Exceptions and Refusals category: 4/30 points. The law lacks a clear public interest override test or harm test requirement. National security exemptions allow broad denial authority.

Appeal Process

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Article 16 allows appeals against express or tacit non-compliance. Appeals are free and do not require legal representation. Major weakness: Independent Monitoring Commission lacks binding enforcement powers and cannot order declassification, impose remedies, or require structural changes to agencies.

Sources & References