Open Records Laws › Bosnia and Herzegovina

Bosnia and Herzegovina

Law on Freedom of Access to Information at the Level of Institutions of BiH

Law on Freedom of Access to Information at the Level of Institutions of BiH (Official Gazette 61/2023)

RTI Rating: 102 (source)

Response Timeline

Initial Response
15 days
Extension
5 days

15 days from submission. May be extended by 5 working days if request contains numerous different information elements. Institution must notify applicant and state reasons. Administrative silence triggers right to appeal.

How to Submit a Request

Accepted Methods

  • {'notes': 'Written requests to information officer of BiH institution', 'method': 'mail'}
  • {'notes': 'Electronic mail qualifies as written submission', 'method': 'email'}

Bosnia has THREE FOI laws: this state-level law (2023), plus separate laws in Federation of BiH and Republika Srpska entities. Requests go to the information officer of the specific BiH institution. If receiving institution is not the owner, it must transfer within 8 days. Applicants with incomplete requests have 5 days to correct deficiencies. No reasons required.

Required Elements

  • Name and seat of the BiH institution
  • Data essential for identifying the requested information
  • Name, surname, and address (natural persons) or name and seat (legal entities)

Optional Elements

  • Reason for request (not required)

Fees

Fees limited to material costs of providing information. A Decision on the amount of compensation for material costs exists at state level, but specific amounts not publicly documented in English.

Exemptions

  • Defense and Security
    Information that would cause substantial harm to defense, security, and public safety (Art. 6)
  • Crime Prevention
    Information that would cause substantial harm to crime prevention and detection (Art. 6)
  • Deliberative Process
    Opinions, advice, or recommendations by employees (excluding factual, statistical, scientific, or technical information) (Art. 6)
  • National Security and International Relations
    Confidential information that would cause serious damage to national security and international relations (Art. 7)
  • Public Order
    Confidential information that would cause serious damage to public order (Art. 7)
  • Inspection and Oversight
    Information that would prevent the work of oversight bodies (Art. 7)
  • Commercial and Economic Interests
    Information that would cause serious damage to commercial/economic interests or monetary policy (Art. 7)
  • Environment
    Information that would cause serious damage to environmental interests (Art. 7)
  • Personal Data and Privacy
    Information that would harm personal interests and privacy of third parties (Art. 8)

All exemptions subject to mandatory harm test and public interest override (Art. 9). Must show "substantial harm" (Art. 6) or "serious damage" (Art. 7). Public interest test considers: legal obligations, offenses, injustice, abuse of authority, neglect of duty, unauthorized use of funds, or danger to health/safety. Blanket classification of entire categories is forbidden -- case-by-case only.

Appeal Process

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Appeals go to the Appeals Council of the Council of Ministers within 15 days. Criticized as lacking independence since it is part of the executive. Ombudsman can receive complaints and issue recommendations but cannot make binding appeal decisions. Judicial review through Court of BiH.

Sources & References