Access To Information

The National Authority for probity, Prevention and fight against Corruption (INPPLC) stressed the importance of access to information as one of the key drivers for enhancing probity, transparency and good governance.  
This commitment has been reinforced with the entry into force in March 2019 of the law n° 31-13 on the right of access to information. In this context, the INPPLC initiated a comprehensive reflection process aimed at defining how this right would be operationalized internally, through the adoption of the following measures  :  

 

  • Establishing regulatory provisions and internal procedures governing the exercise of the right of access to information within the INPPLC

  • Identifying and listing of information generated by or in behalf of the INPPLC, as well as any other necessary information for the fulfilment of its missions

  • Ensuring that the Access to Information Officer has the necessary tools and secure access to a dedicated and regularly updated information database

  • Promoting the widest possible proactive disclosure of information that meets the relevant classification criteria, in line with the principle of transparency

  • Handling access requests in a timely and compliant manner, in accordance with the applicable rules and procedures established within the Authority.

 

 

As part of the implementation of the INPPLC’s access to information mechanism, a committee in charge of such has been appointed following a decision of the Authority’s President , in accordance with the Head of the Government circular n°2 of December 25, 2018: Primarily entrusted with an advisory role, the Committee supports the Access to Information Officer in fulfilling their mandate. It is composed of four representatives from key organizational units within the INPPLC, respectively responsible for:

 

  • Legal Affairs

  • Communication

  • Documentation and archives

  • Information systems.

 

The committee operates under the internal rules of procedures nd is mandated to oversee and facilitate access to information held by the INPPLC, through the development of an annual action plan and the implementation of the following measures:

 

  • Identifying all data and information available within the INPPLC

  • Listing, organising, qualifying, classifying and updating this data, in coordination with the INPPLC’s relevant structures

  • Defining information ; subject to proactive disclosure or available upon request, as well as the applicable exceptions, in accordance with Article 7 of Law No. 31-13

  • Establishing and managing a central database,; including details on the origin and nature of each information source

  • Proactively publishing information through the various available technologies

  • Promoting the reuse and value-added use of published data

  • Facilitating coordination between the Access to Information Officer and the internal units responsible for generating and disseminating information

  • Implementing training programs for the Authority’s staff in terms of access to information

  • Providing institutional support to the Access to Information Officer, notably by:

     

    • Offering advice on all matters related to the right of access to information;

    • Issuing internal circulars to clarify the modalities for fulfilling access to information obligations;

    • Preparing an annual report on the implementation of the legal provisions governing the right of access to information.

The access to information mechanism has been developed to trace the full lifecycle of information—from its identification (sources and data) by the INPPLC’s internal units, through its classification and integration into a dedicated database, to its handling by the designated Access to Information Officer or their alternate : This mechanism is operationalized through process flowcharts that outline the actions to be taken and decisions to be made. These diagrams are structured to reflect the five sequential phases of the mechanism:

 

  1. Information identification, in virtue of the Law 31-13 ;

  2. Information qualification and classification : Information is generally categorized into three main types: proactively disclosed information, conditionally accessible information, and exceptions. In this respect, and based on the qualification and classification of the available data, staff members within the organizational structures are required to proactively publish any working documents or information in their possession, provided such materials are not subject to exceptions under Law No. 31.13 on the Right of Access to Information and are not protected by professional secrecy.  Such information must be published in open data format to enable its use and reuse, provided that it serves legitimate purposes (cf. Article 6 of Law No. 31.13 on the Right of Access to Information).  

    It should be noted that conditionally accessible information—due to its nature (e.g., sensitive data, personal information, or content requiring third-party authorization), its volume, or its storage format—may be subject to access requests. The qualification and classification of such information shall be based on a clear set of criteria defining the applicable access procedures and, where necessary, identifying the individuals authorized to access specific types of information.

     

  3. Updating the access to information database : upon their identification, qualification and classification, information is included by the representatives of the INPPLC’s various organizational structures in a special database for access to information entitled “access to information database”. This database is continuously updated with all types of information (proactively disclosed information, conditionally accessible information, and exceptions.).  

    Updating this database involves entering a set of predefined fields for each type of information. These fields are designed to facilitate the work of the officer responsible for handling access to information requests, enabling them to provide timely and appropriate responses to applicants' inquiries.    

     

  4. Processing of access to information requests: This involves the exploitation of the information provided by the Authority’s various internal sources through the channels and procedures intended for this purpose to provide the most relevant responses to the requests for information submitted to the INPPLC. When necessary, the officer responsible for access to information may consult any relevant internal resource within the Authority to obtain clarifications or additional details required to process a given request.

  5. Retention of documents : The officer responsible for access to information must ensure the proper retention and traceability of all documents produced or received in the course of performing their duties. These documents mainly include:

    • Requests submitted by applicants

    • Acknowledgements of receipt

    • Responses issued by the access to information officer

     

The officer in charge of access to information and his/her substitute are appointed by virtue of a decision of the Authority’s President which outlines the terms and conditions governing their functions.. 
The main responsibilities of the Access to Information Officer include:

  • Receipt of requests of access to information

  • Recording the requests 

  • Guiding the applicants

  • Verifying the availability of the requested information

  • Drafting the final response and notifying the applicant (By delegation of the President/Secretary General)

  • Filing and ensuring the preservation of documents generated in the course of their duties.

To support the Officer in the performance of these tasks, a service note outlining relevant guidelines and operational instructions was issued by the President and disseminated to all organizational units of the INPPLC.