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Togo

Loi portant liberte d'acces a l'information et a la documentation publiques (Law on Freedom of Access to Information)

Loi n° 2016-006 du 30 mars 2016 portant liberté d'accès à l'information et à la documentation publiques (Law No. 2016-006 of March 30, 2016 on Freedom of Access to Information and Public Documentation)

RTI Rating: 72 (source)

Response Timeline

Initial Response
30 days
Residency Required
None

30 calendar days from receipt of acknowledgment. Reduced 15-day timeline applies for requests from researchers and professional journalists. Extensions may be granted only once, based on large volume of documents requested or extensive research needed to respond, but no maximum extension duration is specified in the law.

How to Submit a Request

Accepted Methods

  • {'notes': 'Requests must be submitted in writing; specific channels (email, in-person, postal) not detailed in law', 'method': 'written'}

The law requires written requests but does not specify whether email, postal mail, or in-person delivery are acceptable submission channels. Law is open to "all persons" without citizenship or residency restrictions.

Required Elements

  • Photocopy of valid identity documentation
  • Details reasonably identifying the sought information

Fees

Access is generally free per Articles 5 and 9, except when reproduction, transcription, or transmission of documents entails costs. No centralized fee schedule exists; individual authorities determine fees. Reuse of information (Articles 17-19) may incur redevances (licensing fees) imposed proportionately for general interest motives.

Exemptions

  • Personal Information
    Information allowing identification of individuals is classified as personal and confidential, excluding it from public access
  • Privacy Exception (Public Safety Override)
    Personal information may be disclosed to prevent violence, suicide, or imminent death/serious injury threats (discretionary based on reasonable danger belief)
  • Negotiation Mandates & Tax Studies
    Protects disclosure of negotiation mandates, strategies, and studies prepared for taxation or fee imposition
  • Financial Transactions
    Authorities must refuse confirming existence or disclosing information revealing borrowing, transactions, or financial dealings
  • Debt & Fund Management
    Protects information revealing borrowing, placement, debt management, or related strategies where publication would create risk
  • Commercial Confidentiality
    Industrial, financial, commercial, scientific, technical, or union information provided confidentially by third parties (mandatory without third-party consent)
  • Crime Prevention
    Information held for crime prevention, detection, or prosecution purposes
  • Judicial Non-Publication Orders
    Protects in-camera proceedings, non-publication orders, and information with court-ordered confidentiality conditions
  • Judicial Deliberations
    Information revealing deliberations in the exercise of judicial functions
  • Criminal Methods & Weapons
    Information about methods or weapons potentially usable for committing crimes (confirmation of existence also refused)
  • Program Effectiveness
    Information whose disclosure would reduce the effectiveness of programs or action plans
  • Internal Deliberations
    Decisions resulting from internal deliberations or departmental consultation
  • Legal Advice Privilege
    Legal opinions on law application, legislative/regulatory constitutionality, or preliminary legislative/regulatory drafts

The exemption framework is largely mandatory with no comprehensive public interest override. Only Article 23 provides a limited discretionary override for personal information disclosure to prevent imminent harm (violence, suicide, death, or serious injury). Most exemptions lack harm tests and contain no mandatory balancing requirement.

Appeal Process

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Togo provides a three-tier appeals system: internal administrative review, the Médiateur de la République (ombudsman), and judicial review. The ombudsman process is free and responds within 15 days, but decisions are non-binding recommendations rather than enforceable orders. Authorities have 15 days to respond to the mediator's recommendations; silence equals rejection. This significantly weakens enforcement.

Sources & References