Open Records Laws › Iran

Iran

Law on Publication and Free Access to Information

Law on Publication and Free Access to Information (2009)

RTI Rating: 71 (source)

Response Timeline

Initial Response
10 days
Residency Required
Citizen

Article 8 requires response "not exceed 10 days." Law does not specify whether these are calendar or business days. No clear extension limits defined.

How to Submit a Request

Accepted Methods

  • {'notes': 'Article 4 permits telephone requests', 'method': 'telephone'}
  • {'notes': 'Article 4 permits computer/cellphone requests', 'method': 'online'}
  • {'notes': 'Implied as a permitted method', 'method': 'in_person'}

Article 4 permits communication via telephone, computer, or cellphones with no requirement for physical presence. Article 7 explicitly states that public institutions shall not demand justification or reasons from the applicant.

Required Elements

  • No justification or reasons required (Article 7)
  • Identifying information requirements not clearly specified in law

Fees

Article 10 mentions service fees for annual information publication but lacks specificity on reproduction and delivery costs. No clear fee framework or limitations.

Exemptions

  • State Secrets/Classified Information
    Classified information and documents (State secrets) are withheld; access requires specific laws and regulations.
  • Security and Public Welfare
    Refusal permitted if disclosure imposes hardship on security and public welfare.
  • Immigration Oversight
    Restrictions on information regarding overseeing immigration to the country.
  • Source Protection
    People who prepare and publish information cannot be compelled to disclose their sources unless authorized by competent judicial authority.

All exemptions require demonstrable harm (harm test). However, the law lacks a public interest override - no mandatory disclosure provisions exist even when public interest outweighs protected interests. No severability clause requiring partial redaction; documents may be withheld entirely. Third-party consultation limited to personal information with written consent.

Appeal Process

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Iran's appeal system has significant structural weaknesses. The Commission on Publication and Free Access to Information lacks independence (chaired by Minister of Culture, members appointed by presidential order) and its decisions require presidential approval to become binding. The commission cannot review classified documents or inspect premises. While judicial review through Administrative Court of Justice is available, the lack of internal review procedures and the commission's limited powers reduce overall effectiveness. RTI Rating scored the appeals system below average due to these independence and authority concerns.

Sources & References