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Kyrgyzstan

Law of the Kyrgyz Republic No. 217 of 29 December 2023 "On the Right of Access to Information"

Law of the Kyrgyz Republic No. 217 of 29 December 2023 "On the Right of Access to Information" (Закон КР № 217 "О праве на доступ к информации")

Open Records Transparency: 69/100 (good) Transparency Score: 69/100

RTI Rating: 103 (source)

Response Timeline

Initial Response
10 days
Extension
10 days
Residency Required
None

10 business days from receipt of request. May be extended by up to 10 additional working days if preparation is difficult, involves large amounts of information, or requires coordination with third parties. Extension requires written notice to applicant before initial period expires, stating reasons for extension.

How to Submit a Request

Accepted Methods

  • Written — By mail or in person
  • Electronic — Electronic submission accepted
  • Oral — Oral requests accepted; may use standard form or free-form request

Requests may be submitted in written form (including electronic) or orally (Art. 16.1). Requesters have discretion to use a standard form or submit in free form meeting specified requirements. No reason for the request is required. The law applies to everyone including non-citizens and legal entities.

Required Elements

  • Name of the body or official to whom the request is addressed
  • For individuals: surname, first name, patronymic, and contact details
  • For legal entities: organization name and contact details
  • Description of requested information sufficient to enable identification

Fees

Processing and responding to requests is free of charge (Article 20.1). Copying fees apply only when documents exceed 15 pages, charged at actual cost not exceeding the cost of copying services. A unified fee register and price list is established by the Cabinet of Ministers (Article 20.2).

Fee Waivers

  • The Cabinet of Ministers establishes conditions for exemption from copying fees for socially vulnerable categories of the population (Article 20.2).
  • Appeals to the Ombudsman are delivered to parties free of charge (Law on Ombudsman, Article 10).

Exemptions

  • State Secrets
    Information classified as state secrets under separate State Secrets law.
  • Personal Data
    Personal data protected under personal data protection law.
  • Operational-Search and Counter-Intelligence
    Information related to operational-search activities and counter-intelligence operations.
  • Legally Protected Secrets
    Commercial secrets, banking secrets, notary secrets, medical secrets, and attorney-client privileged information.
  • Statistical Data with Individual Identifiers
    Statistical information that contains identifiable individual data.
  • National Security
    Information that poses significant harm to national security interests. Subject to harm test.
  • Public Order
    Information that poses significant harm to public order. Subject to harm test.
  • Public Health and Morals
    Information that poses significant harm to public health or public morals. Subject to harm test.
  • Rights and Freedoms of Others
    Information that poses significant harm to the rights and freedoms of other individuals. Subject to harm test.

Kyrgyzstan employs a harm-based test requiring authorities to demonstrate that disclosure would pose 'significant harm' to protected interests before withholding information (Articles 8.1-8.2). Five categories of statutory secrets are treated as mandatory exemptions (Article 8.3). The law provides for partial disclosure—if part of a document is exempt, the accessible portions must still be provided (Article 8.6). Article 9 establishes 13 non-discretionary access categories that override exemptions, including emergency situations, health/education/environmental data, human rights violations, corruption facts, and budget/property information. While lacking a general public interest override clause, these enumerated categories serve that function.

Appeal Process

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Kyrgyzstan offers a three-tier appeal system, but effectiveness is limited by structural weaknesses. Internal reviews must be decided within 15 working days. The Ombudsman (Akyikatchy) serves as the primary external oversight body but lacks RTI specialization, functioning as a general human rights institution. Critically, Ombudsman decisions are reportedly non-binding (recommendations only), and there is no requirement that the government bear the burden of proof in appeals. This significantly weakens enforcement. Judicial appeals are available but the law provides insufficient protections against systematic institutional non-compliance.

Sources & References