Open Records Laws › Morocco

Morocco

Loi n° 31-13 relative au droit d'accès à l'information (Law No. 31-13 on the Right of Access to Information)

Loi n° 31-13 relative au droit d'accès à l'information (Law No. 31-13 on the Right of Access to Information), enacted February 22, 2018, effective March 12, 2020

RTI Rating: 74 (source)

Response Timeline

Initial Response
20 days
Extension
20 days
Residency Required
Citizen_or_resident

20 working days from receipt of request (Article 10). Extension of up to 20 additional working days permitted if request requires extensive search, consultation with third parties, or involves multiple administrations (Article 11). Requester must be notified of extension within initial 20-day period. Silence beyond deadline constitutes implicit refusal, allowing appeal.

How to Submit a Request

Accepted Methods

  • {'notes': 'National portal chafafiya.ma (شفافية) - primary submission method', 'method': 'online_form'}
  • {'notes': 'Written request on official form addressed to the relevant public body', 'method': 'written'}
  • {'notes': 'Physical mail to the public body', 'method': 'mail'}
  • {'notes': 'Electronic mail to the official email address of the body', 'method': 'email'}
  • {'notes': "In-person submission at the public body's office", 'method': 'in_person'}

Primary submission method is the national portal chafafiya.ma launched March 12, 2020. Portal allows submission, tracking, and receiving responses online. Alternative methods include written form, mail, email, or in-person. Must include: name, contact details, description of information, preferred format. Article 4: right applies to Moroccan citizens and legal foreign residents only (not universal access).

Required Elements

  • Name of requester
  • National ID number or residence permit number
  • Contact information (address, phone, or email)
  • Description of information requested
  • Preferred format for receiving information

Optional Elements

  • Justification for request (not required by law)

Fees

No fee to submit a request via chafafiya.ma portal or other methods. Public bodies may charge a fee for reproduction, copying, or certified copies, limited to actual costs. Fee schedule must be publicly posted. Fees cannot exceed reasonable cost recovery (Article 9).

Fee Waivers

  • Fee waiver available for requesters who can demonstrate financial hardship
  • Fee waiver for requests in the public interest, such as journalism or academic research

Exemptions

  • National Security
    Information that could harm national defense, territorial integrity, or state security
  • International Relations
    Information that could harm relations with foreign states or international organizations
  • Public Order
    Information that could endanger public safety, order, or national economy
  • Criminal Investigations
    Information related to ongoing criminal investigations, judicial proceedings, or public prosecutions
  • Intellectual Property
    Copyrighted works, patents, trademarks, or other intellectual property rights
  • Commercial Confidentiality
    Trade secrets, confidential commercial information, or information that could harm economic interests
  • Personal Privacy
    Personal data protected under Law 09-08 (Data Protection Law), including health, financial, or family information
  • Professional Confidentiality
    Information protected by attorney-client privilege, medical confidentiality, or other professional secrecy obligations
  • Internal Deliberations
    Preparatory documents, draft decisions, opinions, or recommendations before final decision

Article 7 lists nine exemption categories. Exemptions must be interpreted narrowly and applied to specific information, not entire documents. Public interest override: Article 8 requires disclosure even if exempt when public interest outweighs harm. Partial disclosure required when possible - redact exempt portions and release the rest (Article 8). No sunset clause for exemptions. RTI Rating scored exceptions 17/30, noting broad national security and public order exemptions as weaknesses.

Appeal Process

1

1

2

2

3

3

Three-tier appeal system: (1) internal review by public body head (20 working days); (2) CDAI review with non-binding recommendations (30 days); (3) judicial review by administrative court (60 days). CRITICAL WEAKNESS: CDAI has advisory powers only - recommendations are not binding on public bodies. RTI Rating scored appeals 12/30, the lowest category score, due to CDAI's lack of enforcement authority. Most requesters skip CDAI and go directly to court.

Sources & References