Open Records Laws › North Macedonia

North Macedonia

Law on Free Access to Public Information

Law on Free Access to Public Information (Official Gazette 13/2006, as amended through 101/2019)

RTI Rating: 110 (source)

Response Timeline

Initial Response
20 days
Extension
10 days

20 calendar days from receipt. May be extended up to 30 days total for large volumes. Holder must notify requester electronically within 7 days of receiving the request. If request lacks necessary elements, holder must notify within 3 days.

How to Submit a Request

Accepted Methods

  • {'notes': 'Registered mail with signed receipt confirmation recommended', 'method': 'mail'}
  • {'notes': 'Electronic submission allowed under Article 15', 'method': 'email'}
  • {'notes': 'Permitted but written/electronic preferred for record-keeping', 'method': 'oral'}

Requests can use a standardized form (recommended) or free-form written requests listing required elements with statement that request is made under the law. E-portal: slobodenpristap.mk.

Required Elements

  • Title/name of the information holder
  • Applicant name and surname
  • Description of information requested
  • Manner of access desired (inspection, transcript, copy, electronic form)

Optional Elements

  • Data on representative or attorney-in-fact
  • Firm or legal entity name (if applicable)

Fees

Reviewing documents at institution premises is free. Costs of photocopying, transcribing, translating, or delivering may be charged at actual cost. Specific fee amounts are not standardized in the law.

Exemptions

  • Classified Information
    Information classified with appropriate level of secrecy under law
  • Personal Data
    Personal data whose disclosure would violate protection of personal data
  • Archival Confidentiality
    Information on archival work established as confidential
  • Tax Procedure Confidentiality
    Information whose issuance would violate confidentiality of tax procedure
  • Investigative/Judicial Procedures
    Information compiled for investigation, criminal, misdemeanor, administrative, or civil procedure where disclosure would harm the course of the procedure
  • Commercial and Economic Interests
    Information concerning commercial and economic interests including monetary and fiscal policy where disclosure would have harmful consequences
  • Documents in Preparation
    Information from a document still being compiled

Most exemptions require a harm test -- authority must demonstrate harmful consequences. Critics note the harm test may not sufficiently limit discretion, and exemptions are considered too broad. No explicit public interest override test, though proposals have been made to introduce a mandatory harm/injury test.

Appeal Process

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Two-tier system: administrative appeal to ASPI followed by judicial review. Commission contact: aspi@aspi.mk, +389 2 3118 038. Government proposed amendments to shorten response deadline from 30 to 20 days.

Sources & References