Definition of Freedom of Information

Freedom of information is defined as the right of individuals to obtain or access (unprotected) public information produced by NCA, regardless of its source, form or nature.

 

Scope of Freedom of Information

The national data governance policies define the rules governing the right of individuals to access public information produced by NCA and the obligations of NCA to all requests of accessing or obtaining the (unprotected) public information regardless of its source, form or nature. This information includes paper records, emails, information stored on computers, audio or video cassettes, maps, photographs, manuscripts or handwritten documents, or any other form of recorded information.

 

Main Principles of Freedom of Information

Principle 1: Transparency

The right to know information related to the activities of NCA to enhance the principle of transparency.

Principle 2: Necessity and Proportionality

Any restrictions on obtaining or requesting access to protected information shall be justified clearly and explicitly.

Principle 3: Public Information Disclosure

Every individual shall be entitled to access or obtain (unprotected) public information; such Requestor shall not necessarily have a certain status or interest in this information to be able to obtain it and he shall not be subject to any legal accountability related to this right.

Principle 4: Equality

All requests for data access shall be treated on an equal basis and in a non-discriminatory manner.

 

Rights of Individuals to Access or Obtain Public Information

1.       The right to access and obtain any (unprotected) public information held by NCA.

2.       The right to be informed about the reason for denial of the request to access or obtain the requested information.

3.       The right to appeal any decision denying a request to access or obtain the required information.

Process of Requesting Access to or Obtainment of Public Information

1.       Requests shall be submitted by filling the required information below and sending it to NCA data management office [dmo@nca.gov.sa] through email.

a.       Name

b.       National Id Number

c.       Phone Number

d.      Email

e.       Description of Requested data

f.        Purpose of requesting the data

2.       NCA shall, within a period not less than 30 days from the date of receipt of the request to access or obtain public information, issue one of the following decisions:

a.       Approval: If the request is approved to access or obtain the information in whole or in part, it shall notify the Requestor of the applicable fees (if applicable), and shall make this information available to the Requestor within a period not exceeding 10 days from the receipt of payment (if applicable).

b.       Denial: If the request is denied to access or obtain the information, the requestor shall be notified and the notification shall include the following information:

                                                  i.      Whether the request is denied in whole or in part.

                                                ii.      The grounds for denial, if applicable;

                                              iii.      A statement of the right to appeal such denial, and how to exercise this right.

c.       Extension: If NCA is unable to process the request to access or obtain information within due time, it shall reasonably extend the response time as per the size and nature of the requested information and notify the requestor with the following information:

                                                  i.      Notice of extension and new date when the request is expected to be completed.

                                                ii.      The grounds for delay.

                                              iii.      A statement of the right to appeal to the extension, and how to exercise this right.

d.      Notice: If the required information is available on the entity’s website, or does not fall within its competence, that entity shall notify the Requestor with the following information:

                                                  i.      The type of notice, for example, the required data is available on the entity’s website, or does not fall within its competence

                                                ii.      A statement of the right to appeal this notice and how to exercise this right.

3.       Should an applicant intend to appeal a decision of denial by NCA, he may submit a notice of appeal to the entity’s office within a period not exceeding ten working days from the date of receiving the decision of NCA. The steps to submit a notice of appeal will be provided with the denial notification. The appeal committee within the entity’s office shall review the application and make the appropriate decision. It shall also notify the applicant of the related fees (if applicable), which are to be refunded if the committee approves the appeal, and of the appeal decision.

 

References

·      Data Management and Personal Data Protection Standards document issued by the National Data Management Office

·      Freedom of information policy issued by the National Data Management Office