Open Records Laws › Palau

Palau

Open Government Act

Open Government Act, RPPL No. 9-32 (2014)

Open Records Transparency: 22/100 (weak) Transparency Score: 22/100

RTI Rating: 33 (source)

Response Timeline

Initial Response
10 days
Residency Required
None

10 working days from request. Law requires governing bodies to develop procedures to comply with this deadline. Extensions allowed for exceptional circumstances or large document volumes, but no specific limit stated.

How to Submit a Request

Accepted Methods

  • Varies by agency — Each governing body develops its own procedures for receiving requests (Section 9(b))

No standardized submission process. Section 9(b) requires all governing bodies to develop their own procedures to comply with the 10-day requirement. Requesters bear reasonable costs of access.

Required Elements

  • Identification of public records sought
  • Payment of reasonable costs (as determined by governing body)

Fees

No centralized fee schedule. Section 9(b) requires requesters to bear "reasonable cost associated with the production" of records. Fees are determined by individual public authorities, creating potential for inconsistency and abuse. The vague "reasonable cost" language may include expenses beyond copying and delivery.

Exemptions

  • National Defense & Foreign Policy
    Information classified as secret where disclosure would compromise defense capability or relate to foreign negotiations
  • Internal Operations
    Procedures and practices where release would risk circumvention of law
  • Other Statutory Exemptions
    Information exempted by other laws
  • Commercial Confidentiality
    Trade secrets and confidential financial information from private entities
  • Inter-agency Communications
    Privileged memoranda between or within agencies
  • Privacy
    Personnel, medical files constituting "clearly unwarranted invasion of personal privacy" (exception: government employment contracts)
  • Law Enforcement
    Information compiled for law enforcement purposes affecting proceedings, fair trials, privacy, confidential sources, investigation techniques, or individual safety
  • Financial Institutions
    Examination reports on regulated financial institutions
  • Attorney Communications
    Privileged attorney-client communications and work product
  • Judicial Deliberations
    Internal judicial discussions
  • Pre-decision Negotiations
    Informal discussions prior to final agency action (excluding discussions during public meetings)
  • Emergency Declarations
    Information related to declared state of emergency

All exemptions are mandatory (not discretionary). The law lacks a public interest override provision - no mechanism permits disclosure despite exemptions when serving the public interest. Most exemptions lack harm tests, creating broad categorical exclusions without requiring proof that disclosure would cause actual damage.

Appeal Process

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1

Palau has the weakest appeals framework globally (5/30 points on RTI Rating). No internal administrative appeals, no independent oversight body (information commission or ombudsman), and no binding remedies outside of court. Citizens must file civil actions in Supreme Court, creating significant barriers through legal costs, court delays, and burden of proof. Each governing body develops its own request procedures with no centralized accountability.

Sources & References