Ali Zuweid's Political Programme
Proposed legislation · State, Constitution, Justice, Rights and Governance
Right of Access to Information and Open Government Bill
A legislative framework making disclosure the rule and secrecy a reasoned, challengeable exception, connecting individual requests with proactive disclosure, open data, records preservation and public participation, while protecting national security, privacy, investigations and legitimate commercial interests through defined tests rather than blanket prohibitions.
Executive Summary
Iraq has an existing legislative process for the right of access to information, but it has not yet produced a federal law in force. The Council of Ministers approved a bill on 4 October 2023 and referred it to the Council of Representatives, which discussed its second reading on 3 August 2024. The issue remained on the Integrity Committee's agenda through September 2026. The need is therefore to develop this framework into an implementable form consistent with constitutional rights and international standards, rather than to start from scratch.
The bill rests on Article (38) of the Constitution, guaranteeing freedom of expression, the press, media and publication; Article (46), permitting restrictions on rights and freedoms only by law and without impairing their essence; the openness of Council of Representatives sittings and publication of their minutes under Article (53); and the independence of the High Commission for Human Rights under Article (102). It also draws on Article (19) of the International Covenant on Civil and Political Rights as interpreted by the Human Rights Committee, and Articles (10) and (13) of the United Nations Convention against Corruption, which promote administrative transparency, access to information and public participation.
The bill addresses four central points. First, the right belongs to every person, not solely journalists or citizens, and does not require an explanation of purpose. Second, broad prohibitions are replaced by a three-part test: a specified legitimate interest, foreseeable serious harm from disclosure, and a final balancing against the public interest. Third, proactive disclosure and open data become legal obligations, drawing on the existing national open-government portal and the technical infrastructure led by the National Centre for Digital Transformation. Fourth, the High Commission for Human Rights receives an oversight and complaints mandate instead of a new federal authority being established, while judicial challenges remain before the administrative judiciary.
The bill does not prejudice the competence of the Kurdistan Region, which has an operative Right of Access to Information Law No. (11) of 2013. It treats that law as an existing Iraqi experience and limits federal application to federal bodies and functions and matters involving federal funds. It also links access rights to records management under the Document Preservation Law No. (37) of 2016, so that weak archiving does not render the right unenforceable.
Here, “open government” does not become a parallel implementation plan. It is confined to the legislative obligations necessary for transparency: proactive disclosure, availability of public data, publication of budgets and contracts, participation in rules and public policies with broad effects, request tracking and compliance reporting. The broader infrastructure of digital government and interoperability remains a separate legislative subject.
Constitutional and Legal Context and the Legislative Process
1. Constitutional Basis
The Constitution of 2005 does not expressly state the “right of access to information” in a separate provision, but provides a strong constitutional foundation for it. Article (38) guarantees freedom of expression, the press, media and publication; Article (53) makes Council of Representatives sittings public as a general rule and requires publication of their minutes; and Article (46) permits restrictions on rights by law without impairing their essence. Regarding oversight, Article (102) establishes the independence of the High Commission for Human Rights, the Commission of Integrity and other independent bodies. This framework accords with the United Nations Human Rights Committee's interpretation of Article (19) of the International Covenant, recognising access to information held by public bodies as part of freedom of expression and requiring proactive disclosure, expeditious procedures with reasons, and a right of appeal.
2. The Existing Federal Legislative Process
The Council of Ministers approved the Right of Access to Information Bill on 4 October 2023 and referred it to the Council of Representatives. At its sitting on 3 August 2024, a second reading and extensive discussion addressed the definition of information, breadth of exceptions, defence and security information, transparency of contracts and budgets, time limits, appeals, penalties and electronic publication. On 9 September 2026, the Council of Representatives announced that its Integrity Committee had discussed several relevant laws with the Commission of Integrity, including the Right of Access to Information Law. Official sources available as of this document's date do not show an operative federal law with this title having been published in the Iraqi Official Gazette.
3. Open Government Exists Technically and Needs a Legal Foundation
Iraq operates a national open-government portal that publishes government datasets and provides application programming interfaces in formats such as JSON, CSV and XML, alongside an open-data policy covering quality, updating and reuse. Meanwhile, under the Instructions on the Formations of the Office of the Prime Minister No. (1) of 2025, the National Centre for Digital Transformation leads government digital transformation and manages data projects and infrastructure. This system enables the Law to use existing infrastructure rather than establish a new platform.
4. Records Management Is a Condition for Making the Right Effective
The right to information fails in practice if records are not indexed and preserved. The bill therefore links the duty to provide access to the Document Preservation Law No. (37) of 2016, with a rule prohibiting destruction after a request, complaint or lawsuit has been received. The National Library and Archives retains its national role in preserving documentary memory, while each body remains responsible for day-to-day management of its records.
5. Relationship with the Kurdistan Region
The Kurdistan Region—Iraq has an operative Right of Access to Information Law No. (11) of 2013. It grants every natural or legal person a right of access, with a general response period, urgent-case periods and an objection mechanism. The federal bill therefore does not treat the Region as a legislative vacuum and respects its constitutional boundaries, while federal bodies, funds and functions remain subject to federal rules within their scope.
Proposed legislative policy
| Issue | Legislative choice | Purpose |
|---|---|---|
| Rights holder | Every natural or legal person, without a nationality or interest requirement | Prevent the right becoming a professional or political privilege |
| Rule and exception | Disclosure is the rule; withholding requires a protected interest + serious harm + public-interest balancing | Prevent vague lists and automatic withholding |
| Time limits | 10 working days, one 10-day extension, and 48 hours for imminent danger to life or liberty | Make the right usable in practice |
| Fees | No search or decision fees; only reasonable physical reproduction costs | Prevent financial barriers |
| Oversight | The High Commission for Human Rights within its existing structure | Independent oversight without establishing a new authority |
| Open government | Proactive disclosure + open data + public consultations + contract transparency | Reduce individual requests and connect transparency with decision-making |
| Technical infrastructure | Use the national open-government portal and the National Centre for Digital Transformation | Avoid duplicating platforms |
| Sanctions | Disciplinary liability for deliberate obstruction, with criminal acts referred under applicable laws | Enforce the right without broadly criminalising disclosure |
The bill distinguishes three levels: the right to an individual request, the duty of proactive disclosure, and open data. Individual requests address unpublished material; proactive disclosure places basic information in the public domain; and open data turns material suitable for reuse into an organised public resource. Information affecting security, investigations, privacy or trade secrets remains protected in proportion to actual harm, not merely because of the body's identity.
Complete Text of the Bill
Chapter One — General Provisions and Governing Principles
Article (1) — Title and General Scope of the Law
This Law shall be called the “Right of Access to Information and Open Government Law”. It establishes general rules ensuring access to information held by covered bodies, proactive disclosure, availability of public data, and oversight of restrictions and exceptions, without prejudice to the constitutional competences of federal and regional authorities.
Article (2) — The Right of Access to Information and Maximum Disclosure
Every natural or legal person, Iraqi or non-Iraqi, has the right to request and obtain information from covered bodies under this Law, without having to state a reason or demonstrate a special interest. Disclosure shall be the rule and withholding an exception interpreted narrowly.
No person may be denied this right because of nationality, residence, profession or media, political, academic or economic status. Requests shall not be treated differently according to the applicant's position towards the body or its policies.
Article (3) — Definitions
For the purposes of this Law, the following terms shall have the meanings set out below:
First — Information: Any content, data, record, document, correspondence, image, recording, database, form, map, code, file or automated output, regardless of form, medium, origin or creation date, held by the covered body or under its actual or legal control.
Second — Record: The medium in which information is recorded or preserved, whether paper, electronic, audio, visual or otherwise.
Third — Covered body: Any authority, institution, department, commission, company or legal person to which Article (5) of this Law applies.
Fourth — Information applicant: Any person submitting a request under this Law.
Fifth — Designated officer: The employee formally assigned to receive and follow up information requests.
Sixth — Proactive disclosure: Making information available to the public without awaiting an individual request.
Seventh — Open data: Public data published in a human-readable and machine-readable, reusable format with metadata and a clear licence, unless prohibited by law.
Eighth — Harm test: A legal assessment identifying, specifically and in a reviewable manner, the serious and reasonably foreseeable harm that disclosure of protected information would cause.
Ninth — Public-interest test: Balancing the potential harm from disclosure against the resulting public benefit.
Tenth — Third party: A person to whom the requested information relates or who deposited it with the body, other than the information applicant.
Article (4) — Governing principles
This Law shall be interpreted according to the following principles: maximum disclosure; easy and expeditious access; medium neutrality; no requirement to state a purpose; access free of charge as the default; separation of withheld and disclosable information; proportionate restrictions; priority for the public interest where its conditions are met; integrity of records; reviewability of decisions; and proactive disclosure that reduces the need for individual requests.
Article (5) — Covered Bodies
This Law applies to:
First — The Presidency of the Republic, the Council of Ministers, ministries, bodies not attached to a ministry and their subordinate formations.
Second — The Council of Representatives regarding its administrative, financial and legislative information whose publication is not prohibited by the Constitution or its rules of procedure.
Third — The Supreme Judicial Council, courts, Public Prosecution and State Council regarding administrative, financial and statistical information, and judicial records to the extent permitted by procedural laws, open-trial rules and privacy protection.
Fourth — Independent bodies and commissions.
Fifth — Governorates not incorporated into a region and their administrative units within constitutional competences and applicable laws.
Sixth — Public companies, banks and institutions owned or controlled by the State.
Seventh — Any private person managing a public utility, performing a public function or implementing a publicly funded contract, concession or project, limited to information directly connected with that function, funding, contract or concession.
Eighth — Any other body made subject by law to transparency or public-accountability requirements.
Article (6) — Limits of Federal Application and Relations with the Regions
This Law shall not be interpreted as diminishing the constitutional powers of the regions. The operative Right of Access to Information Law in the Kurdistan Region—Iraq shall remain effective within its constitutional scope, while federal bodies located or operating in the Region shall be subject to this Law concerning their federal functions and records.
Where a regional or local body implements a federal programme, contract, grant or expenditure, disclosure requirements concerning federal funds, their conditions of use and expenditure outcomes shall apply to the extent necessary for oversight, with due regard to constitutional competences.
Article (7) — Relationship with Other Laws
This Law shall constitute the general rule for access to information. A general provision in another enactment may not be invoked to impose secrecy broader than the exceptions specified herein. Specific confidentiality provisions in applicable laws shall remain enforceable where tied to a legitimate interest, proportionate to that interest and consistent with the Constitution.
Where a special law provides broader access, a shorter period or a better safeguard for the information applicant, the better safeguard shall apply.
Article (8) — No Requirement to State a Purpose or Identity
An information applicant shall not be asked why the request is made or how the information will be used. A reasonable description of the information and a means of response shall suffice to register the request. A request without an explicit name may be accepted if its submitter can be contacted, except where identity verification is necessary to access their personal data or exercise a right legally restricted to a person with the requisite capacity.
Article (9) — Accessibility and Non-Discrimination
Covered bodies shall take reasonable measures to enable persons with disabilities, older persons and those impeded by illiteracy or linguistic or technical barriers to submit requests and receive information, including oral assistance and accessible formats. An electronic channel shall not be the sole means where this would effectively exclude a section of the public.
Chapter Two — Institutional Administration and Independent Oversight
Article (10) — Information Officer in Each Body
Each covered body shall appoint a designated information officer and may establish an information unit according to its size and the nature of its records without creating an unnecessary administrative formation. The position's title, contact details and request-submission location shall be clearly publicised.
Article (11) — Duties of the Designated Officer
The designated officer shall register requests and assist applicants, identify units holding records, monitor deadlines, issue receipt, extension and refusal notices, supervise the request register, coordinate proactive disclosure and submit internal compliance reports. Access shall not be restricted to that officer where information is already published or available through a public service.
Article (12) — Information Request Register
Each body shall maintain an auditable electronic register recording, without publishing unnecessary personal data, the request date and subject, processing unit, decision, time taken, any fees, administrative challenge and outcome. Periodic statistics shall be published on request numbers, response and refusal rates, average completion times and refusal grounds.
Article (13) — Independent Oversight Body
The High Commission for Human Rights, as an independent body under Article (102) of the Constitution, shall oversee implementation of this Law and determine the complaints provided for herein through a specialised right-to-information department established within its existing structure and supplied with the necessary legal and technical expertise.
The powers conferred on the Commission by this Law shall supplement those under the High Commission for Human Rights Law No. (53) of 2008, as amended.
Article (14) — The Commission's Information-Related Powers
The Commission shall receive and determine complaints; issue general interpretative principles; monitor proactive disclosure; request records necessary for investigations, including those considered confidential by the body, while preserving their confidentiality; conduct visits and audits; order disclosure or reconsideration; recommend records-management reforms; prepare a public annual report; and propose necessary legislative amendments.
Article (15) — Independence in Determining Complaints
Information-access complaints shall be decided by authorised members or employees with no interest in the dispute. The Commission shall separate its general advisory function for bodies from its complaint-determination function to ensure impartiality.
Article (16) — Public Annual Report
The Commission shall publish an annual report containing standardised implementation statistics, the most compliant and most delayed bodies, refusal patterns, significant decisions, challenges in records preservation and proactive disclosure, and legislative and administrative recommendations. The report shall be sent to the Council of Representatives and the Presidency of the Council of Ministers and published in full for the public.
Article (17) — National Open-Government Portal
The National Centre for Digital Transformation, as a technical body in the Office of the Prime Minister, shall operate the national open-government portal or its successor national platform and provide technical tools for publication, application programming interfaces, indexing and search under open and secure standards.
The Centre's technical role does not authorise it to withhold information contrary to this Law. Responsibility for data accuracy and publication decisions remains with the body that created or controls the information.
Article (18) — Records Management and Preservation
Bodies shall manage, index and preserve their records so that they can be retrieved, consistently with the Document Preservation Law No. (37) of 2016 and instructions issued thereunder. A record subject to a pending request, administrative challenge, lawsuit or audit shall not be destroyed, altered or concealed until the proceedings are finally concluded, even if its normal destruction date has passed.
Chapter Three — Information Request Procedures
Article (19) — Methods of Submitting Requests
Requests may be submitted on paper, electronically, by post, orally where other means are impracticable, or through the unified portal when the service is available. An information applicant shall not be compelled to use an exclusive form if the request contains the particulars necessary to understand the information sought.
Article (20) — Duty to Assist
The designated officer shall help applicants identify the record or relevant body, narrow overly broad requests, and understand less costly and faster options. An oral request shall be recorded in writing by the officer and shown to the applicant, or a summary shall be sent to them.
Article (21) — Requests Submitted to the Wrong Body
Where another body holds the information, the request shall be referred to it within three working days and the applicant notified, if the competent body can be identified. Applicants shall not be sent from one body to another where internal or intergovernmental referral is possible.
Article (22) — Acknowledgement and Tracking
Upon receiving a request, the body shall provide a reference number, fixed receipt date and means of tracking its status, and explain the anticipated statutory period and review avenues. Acknowledgement shall be immediate in electronic systems and within one working day otherwise.
Article (23) — Decision Period
The body shall decide the request and provide the information as soon as possible and, in all cases, within ten working days of receiving an intelligible request containing the minimum required particulars.
The period may be extended once by no more than ten working days if the request requires searching a large volume of records or necessary consultation with more than one body or a third party, provided the applicant is informed before the original deadline of the reasons and final date of the extension.
Article (24) — Urgent Requests
Where information is reasonably necessary to protect a person's life, physical safety or liberty from imminent danger, the request shall be decided within forty-eight hours. If urgency is refused, the request shall continue under the ordinary period, with reasons given for refusing urgent treatment.
Article (25) — Reasonable Search and No Obligation to Create New Information
The body shall conduct a reasonable search of records under its control. The Law does not require it to create a study or analysis that did not exist, but does require extraction or compilation of existing data where this can be done automatically or with reasonable administrative effort without creating new substantive content.
Article (26) — Form of Access
Information shall be provided in the applicant's requested form, including inspection, paper or electronic copies or machine-readable data, unless technically impossible, threatening the integrity of the original or imposing a disproportionate burden. If the requested form is refused, the body shall provide an alternative and explain why.
Article (27) — Fees
Submitting, searching for and examining a request and making the decision shall be free of charge. Fees may be charged only for the reasonable actual cost of physical reproduction, storage media or dispatch; electronic access and inspection at the body's premises shall be free.
Requests involving a clear public interest, personal requests necessary to exercise a fundamental right, and persons unable to pay shall be exempt from copying fees under published rules. Fees shall not constitute an effective barrier to exercising the right.
Article (28) — Third-Party Consultation
Where a request concerns information supplied by a third party whose legitimate interest may be affected by disclosure, that party may be consulted within a period that does not unjustifiably delay the decision. Its observations shall inform the assessment but shall not confer a veto over disclosure.
Article (29) — Partial Disclosure
Where a record contains both protected and disclosable information, the protected portions shall be separated and the remainder released. Redacted locations and their legal basis shall be indicated unless that explanation would itself disclose protected information.
Article (30) — Refusal Decision
A full or partial refusal shall be written and reasoned, specifying the legal provision relied upon, the nature of anticipated harm, the outcome of the public-interest test, the decision-maker's name or capacity, and review avenues and deadlines. Describing information as “confidential”, “internal” or “sensitive” without reasons shall not suffice.
Article (31) — Repetitive or Exceptionally Burdensome Requests
A request shall not be refused merely because of its size or search cost. Where a request is demonstrably substantially identical to one recently fulfilled for the same applicant, or is abusively framed with the apparent aim of disrupting the body's work, assistance to narrow it shall first be offered. Refusal requires a reasoned decision open to review, and the body bears the burden of establishing unreasonableness.
Chapter Four — Proactive Disclosure and Open Government
Article (32) — General Duty of Proactive Disclosure
Every covered body shall proactively publish information of public interest that is frequently requested or concerns individual rights, public funds, decision-making or services, and update it periodically in easily searchable and accessible formats.
Article (33) — Institutional and Legal Information
Proactive disclosure shall include, at a minimum: organisational structure; competences; names and official capacities of senior officeholders; applicable laws, regulations and instructions; manuals, procedures and forms; criteria for licences and approvals; working hours and contact details; work plans and annual reports; and performance indicators used to assess public service.
Article (34) — Budget, Expenditure and Procurement
Bodies shall publish their budgets, allocations, final accounts, budget-execution reports and legally available audit reports, and public-procurement information from notices, tender documents and evaluation criteria through award decisions, contracts, amendments, change orders, final values and performance, while protecting genuine trade secrets and personal data under this Law.
Article (35) — Contracts, Concessions and Public Resources
Contracts, concessions and licences granting rights to exploit public resources, State assets or public utilities shall be published, identifying the parties, value, duration, principal obligations, selection mechanism, amendments and public payments, except where withholding is required by the harm test. Contract value, the contractor's name, core obligations or public funds paid shall not constitute trade secrets merely because they appear in a contract with a public body.
Article (36) — Public Services and Benefits
Eligibility rules, deadlines, forms, priority criteria, official fees and objection procedures concerning public services, subsidies, grants, social programmes, public employment opportunities and contracting shall be published. Results and statistics shall be published in a manner protecting personal data without preventing scrutiny of fair distribution.
Article (37) — Health, Environment and Public Safety
Information necessary to protect public health, the environment and safety shall be published promptly, including confirmed or potential risks with broad effects, relevant monitoring and measurement results, and preventive measures, taking care not to prejudice an ongoing investigation or expose exploitable security vulnerabilities.
Article (38) — Legislative and Judicial Transparency
The Council of Representatives shall publish government bills, legislative proposals, committee reports, sitting minutes and voting results to the extent required by the Constitution and its rules of procedure, respecting statutory exceptions.
Judicial authorities shall, under their laws, publish administrative, financial and statistical information and judgments and decisions that may be made public, after taking necessary measures to protect privacy, investigative integrity and litigants' rights.
Article (39) — Public Consultations
Where a body intends to issue regulations, instructions or a public policy with broad effects on rights, obligations, markets or the environment, it shall publish the draft, reasons and underlying basic data and allow a reasonable period for comments, unless an emergency requires otherwise. After adoption, it shall publish a summary of the principal comments and how they were addressed.
Article (40) — Open Government Data
Public datasets shall, where possible, be published in machine-readable formats not restricted to closed software, with metadata, an update date and a clear reuse licence. The National Centre for Digital Transformation shall establish technical standards and rules for application programming interfaces, security and quality without prejudice to the withholding rules specified in this Law.
Article (41) — Updating, Archiving and Previous Versions
Each body shall determine update intervals for each published category and preserve access to earlier versions of policies, reports and historically important datasets, identifying each version's date. Versions shall not be replaced in a manner that erases a public record necessary for accountability.
Chapter Five — Exceptions and the Harm and Public-Interest Tests
Article (42) — Rule Governing Exceptions
Information shall be withheld only if it falls within an interest exhaustively protected by this Chapter, disclosure is reasonably likely to cause serious and specific harm to that interest, and the anticipated harm outweighs the public interest in disclosure. Exceptions shall be narrowly interpreted and shall not apply to entire categories of institutions or subjects.
Article (43) — Defence, National Security and International Relations
Only the necessary portion of information may be withheld where its disclosure, in the prevailing circumstances, would cause serious and foreseeable harm to defence capabilities, military operations, national-security plans, intelligence sources and methods, personal safety or sensitive international relations.
This exception shall not automatically extend to all information concerning the armed forces or security agencies, nor inherently withhold aggregate budgets, legal frameworks, civilian and service contracts, or information on wrongdoing and non-secret expenditure, unless harm is established under the preceding paragraph.
Article (44) — Investigations and Law Enforcement
Information may be withheld if disclosure would materially prejudice an ongoing investigation or trial, reveal a confidential source or protected witness, expose a person to serious danger, or reveal an undisclosed security method in a manner facilitating a crime. This shall not be interpreted to withhold statistics, general policies or final investigation findings whose publication is lawful.
Article (45) — Privacy and Personal Data
Data concerning private life, health, family, communications, identity and personal files shall be protected from unlawful disclosure. Information relating to a public employee's performance of duties, use of public funds or enjoyment of an employment privilege may be disclosed to the extent required by public accountability, with due regard to proportionality.
Where transparency can be achieved through aggregation, anonymisation or removal of unnecessary personal details, these measures shall be used instead of complete withholding.
Article (46) — Trade Secrets and Intellectual Property
Information constituting a genuine trade secret or protected know-how may be withheld where disclosure would cause serious and specific competitive harm, unless the public interest in disclosure prevails. Protection shall not cover a mere claim of confidentiality or information on the amount of public funds, essential contract terms, environmental and health obligations or wrongdoing.
Article (47) — Internal Deliberations and Decision-Making
Internal opinions or advice may be withheld before a decision is finalised if disclosure at that time would seriously and specifically disrupt free deliberation or undermine the integrity of decision-making. This shall not include separable facts, statistics, technical and scientific studies, or the final decision and its reasons.
After the decision is issued, the need for withholding shall be reassessed and continue only to the extent of actual remaining harm.
Article (48) — Financial and Economic Stability and Market Equality
Unpublished information may be withheld where premature disclosure would foreseeably cause substantial market disruption, compromise a monetary or fiscal policy under preparation, or give a group an unfair trading advantage. Withholding shall end when the cause of harm ceases or the decision is officially published.
Article (49) — Integrity of Examinations, Systems and Sensitive Infrastructure
Examination questions before use, temporarily confidential scoring keys, and technical details exposing exploitable security vulnerabilities in government systems or critical infrastructure may be withheld where a real disclosure risk is established. This shall not prevent publication of examination criteria or security-audit results at a level that does not reveal vulnerabilities.
Article (50) — Public-Interest Override
Public-interest considerations include, in particular: exposing corruption, abuse of power or waste; protecting life, health and the environment; exposing grave human-rights violations; enabling scrutiny of expenditure and contracts; correcting misleading official information; and enabling participation in a significant public decision.
Where these interests outweigh the specific harm from disclosure, publication shall be mandatory, with harm-reduction measures such as partial redaction or delayed disclosure of a portion where necessary.
Article (51) — Corruption, Grave Violations and Imminent Risks
Secrecy shall not be used to shield a person or institution from embarrassment or accountability. A strong presumption favouring disclosure shall apply to information revealing, or seriously likely to reveal, corruption, embezzlement, torture, enforced disappearance, a grave human-rights violation or an imminent risk to health, safety or the environment, while protecting witnesses, victims, investigations and necessary personal data.
Article (52) — Duration of Withholding and Reassessment
Information shall remain withheld only while the cause of harm persists. Bodies shall set periodic review dates for confidential decisions and categories; the passage of time shall not automatically justify continued withholding. When a record is transferred to the national archives, its accessibility shall be reassessed under this Law and the Document Preservation Law.
Article (53) — Neither Confirming nor Denying the Existence of Information
A body may refuse to confirm or deny the existence of a record only exceptionally, where confirmation or denial alone would cause the same harm protected against by a lawful exception. The decision shall be documented confidentially so that the Commission and judiciary can review it.
Article (54) — Burden of Proof
The body refusing disclosure bears responsibility for establishing the applicability of the exception and the harm and public-interest tests. The information applicant shall not bear the burden of proving entitlement to disclosure.
Chapter Six — Administrative Review, Complaints and Judicial Appeal
Article (55) — Internal Review
Within thirty days of refusal or expiry of the response period without an answer, the applicant may seek review by a more senior official who did not participate in the decision. Review shall be determined within seven working days. Exhausting this review shall not be required before approaching the Commission or the courts.
Article (56) — Complaints to the Commission
A complaint may be submitted to the High Commission for Human Rights concerning full or partial refusal, delay, fees, format, refusal to register, misleading referral, failure of proactive disclosure or any other violation of this Law. No complaint fee shall be charged.
Article (57) — Complaint-Determination Procedure
The Commission shall notify the body of the complaint and allow a short period for a response and production of the disputed record. It may examine withheld information in a closed session and hear the parties and experts. It shall determine the complaint within twenty working days, with one reasoned extension not exceeding ten days in complex cases.
Article (58) — The Commission's Adjudicative Powers
The Commission may order full or partial disclosure, a renewed search, correction of fees, an appropriate access format, proactive disclosure, preservation of a record at risk of destruction, or amendment of an internal procedure contrary to law. Its decisions shall be reasoned and published after necessary redactions to protect lawfully withheld information.
Article (59) — Interim Orders
Where there is a real risk of destruction of a record or of the right losing its practical effect through the passage of time, the Commission may issue an interim order to preserve the record, suspend its destruction or take an appropriate protective measure pending determination of the complaint.
Article (60) — Judicial Appeal
This Law shall not prejudice any interested person's right to challenge administrative decisions before the administrative judiciary under applicable jurisdictions and procedures. The Commission's decision, or its failure to determine a matter within the statutory period, may be challenged.
Account shall be taken of the nature of information disputes, whose purpose may be defeated by delay. The court shall consider applications for suspension of enforcement or urgent treatment in accordance with law.
Article (61) — Implementation of Decisions
The body shall implement Commission decisions not stayed by a court within the period specified. If it fails without legal justification, the Commission shall record non-compliance in its report and refer the matter to the competent oversight or disciplinary body, without prejudice to the applicant's rights to enforcement and judicial challenge.
Chapter Seven — Protection, Liability and Prevention of Obstruction
Article (62) — Protection of Good-Faith Disclosure
An employee shall incur no civil, criminal or disciplinary liability for providing information in good faith pursuant to a decision under this Law or a reasonable interpretation of its provisions, unless the act involves fraud or separate criminal intent punishable under another law.
Article (63) — Prohibition of Retaliation
Adverse employment or administrative action against an employee for fulfilling the duty of disclosure or reporting destruction of records or circumvention of this Law through lawful channels is prohibited. Whistleblower-protection and integrity laws shall apply where relevant.
Article (64) — Destruction or Alteration of Records to Obstruct Access
Intentionally destroying, erasing, altering or concealing a record after learning of an access request, complaint, lawsuit or audit concerning it, with the aim of preventing access or misleading the reviewing body, shall constitute serious employment misconduct. The matter shall be referred to the competent authorities where it constitutes an offence under applicable laws.
Article (65) — Employment Misconduct
Employment misconduct includes deliberate and repeated refusal to register requests; disregard of deadlines without excuse; unauthorised fees; sham refusals without a basis; failure to implement a final enforceable decision; or discrimination or retaliation against an applicant. Statutory disciplinary procedures and penalties shall apply proportionately to the seriousness of the misconduct.
Article (66) — Use of Information after Disclosure
A body shall not restrict the purposes for which public information may be used or require an undertaking not to publish it, unless the restriction is based on applicable law concerning third-party rights, intellectual property, data protection or security. Unlawful acts after receipt of information shall be governed by the laws regulating them and shall not be used as a pretext to restrict the underlying right of access.
Article (67) — Prohibition of Inconsistent Agreements and Instructions
A public contract, internal instruction or government confidentiality agreement shall not contain a provision restricting the public's information rights beyond this Law. Any such condition shall be narrowly construed and shall not be invoked to prevent legally required disclosure.
Chapter Eight — Transitional and Final Provisions
Article (68) — Implementing Instructions and Manuals
Within six months of publication of the Law, the Council of Ministers shall issue general instructions to coordinate implementation in executive bodies. The Commission shall issue manuals on complaints and the harm and public-interest tests, and the National Centre for Digital Transformation shall issue technical standards for publication and open data in coordination with relevant bodies. Instructions shall not restrict a right established by this Law.
Article (69) — Transitional Timetable
Within three months of commencement, every body shall designate its officer and publish contact details; within six months, establish a request register and information index; within twelve months, complete minimum proactive disclosure; and within eighteen months, connect publishable public datasets to the national portal under the technical standards.
The right to submit requests shall not be suspended pending completion of any transitional period.
Article (70) — Continuing Recourse Where the Commission Cannot Function
If, for any institutional reason, the Commission cannot determine complaints, or the statutory period expires without a decision, the applicant's right shall not be suspended and direct recourse to the administrative judiciary shall be available. An incomplete Board of Commissioners shall not justify suspending the substantive rights established by this Law.
Article (71) — Legislative Alignment
Within one year of commencement, the Council of Ministers, in coordination with the State Council, Commission and relevant bodies, shall submit a schedule of enactments, regulations and instructions containing information restrictions or rules on preservation and classification, together with amendments necessary for consistency with the Constitution and this Law.
Laws governing judicial procedure, investigations, privacy and archives shall remain effective insofar as they do not conflict with this Law's fundamental safeguards.
Article (72) — Financial Impact and Resources
The Law shall generally be implemented through existing structures in covered bodies, the Commission, the National Centre for Digital Transformation and the National Library and Archives. Necessary resources for archiving, digital integration, training and accessible access may be allocated within annual budgets. Each body shall prepare a documented estimate of actual needs before seeking additional appropriations. No parallel executive apparatus shall be established under this Law merely to process requests.
Article (73) — Repeal and Conflict
Any provision in instructions or regulations conflicting with this Law shall be repealed upon its commencement. Higher-ranking statutory provisions shall be amended through the prescribed constitutional procedures. This provision shall not be interpreted as implicitly repealing special confidentiality established by law for a legitimate purpose, provided it accords with the harm and public-interest tests and the Constitution.
Article (74) — Commencement
This Law shall be published in the Official Gazette and enter into force one hundred and eighty days after publication. During that period, bodies shall begin taking the necessary organisational and technical measures.
Statement of reasons
This Law is enacted to establish the right of access to information as an essential element of freedom of expression, participation and accountability; strengthen public-administration transparency and combat corruption; regulate clear and swift information-request procedures; limit exceptions according to actual harm and the public interest; expand proactive disclosure and open government data; and connect access with records preservation, independent oversight and judicial appeal.
General Explanatory Memorandum
1. Why Is Stating a “Right of Access” Alone Insufficient?
An effective law goes beyond a general statement: it identifies who holds the right, who is subject to it, what information means, when a response is due, what may be withheld, and who reviews refusal. Human Rights Committee General Comment No. (34) links the right to easy, expeditious and effective procedures, proactive disclosure, reasons for refusal and a right of appeal. The bill is therefore built around a complete cycle from request to enforcement.
2. Why Does the Right Belong to Every Person?
Public information does not become a right only when requested by a journalist or parliamentarian. Researchers, companies, organisations, students, citizens, residents and those simply wishing to understand a public decision need a single legal route. Interest or nationality requirements create additional administrative discretion and increase disputes over the applicant's standing instead of the record itself. Identity is required only when necessary for access to personal data or a specific entitlement.
3. Exceptions: From a “List of Prohibitions” to a Legal Test
Broad exceptions withholding an entire subject such as “national security” or “the armed forces” allow information posing no actual danger to be blocked, including civilian procurement and administrative expenditure. The bill therefore requires serious, foreseeable and specific harm to be established, then balanced against the public interest. UNESCO's access-to-information principles emphasise that exceptions should be narrow and proportionate and that withholding should be preceded by an assessment of harm and the public interest.
4. Proactive Disclosure Matters More than Increasing Request Numbers
Where budgets, contracts, service manuals, licensing criteria and reports are already published, staff burdens and request numbers fall. The Law's success should therefore be measured by declining need for requests alongside better automatically published information, rather than by more requests. The bill uses the existing national open-government portal instead of creating separate technical infrastructure.
5. Procurement, Contracts and Public Funds
Public contracts are a sensitive point in any transparency system. The bill protects genuine trade secrets but prevents contract value, the contractor's name, principal obligations and public payments being labelled confidential simply because the counterparty is a private company. This information directly concerns the use of public funds and inherently warrants broader scrutiny.
6. Protecting Security Does Not Mean Exempting Security Agencies
The State needs to protect operational plans, intelligence sources and security vulnerabilities, but not everything produced by a security institution. Defence and security are therefore subject to the same harm rule, with more rigorous assessment of genuine risks and continued independent and judicial ability to examine records confidentially.
7. The High Commission for Human Rights Rather than a New Authority
Independent oversight is an element of international assessment of information laws' effectiveness. The Constitution recognises the High Commission for Human Rights as independent, and the Iraqi bill had previously moved towards assigning it a role. Adding a specialised competence within it is therefore institutionally more economical than establishing a new federal commission. The bill nevertheless requires functional separation and the capacity to issue reasoned decisions and examine withheld records.
The bill also recognises that in June 2026 the Council of Representatives was following up completion of a new Board of Commissioners. Institutional vacancies therefore do not suspend the right: direct judicial appeal remains available if the Commission cannot determine a complaint.
8. Open Government Is More than a Website
Open government under this Law rests on transparency, participation and accountability. Electronic publication is a means; the obligation is legal: open data, consultation before rules and policies with broad effects, compliance reporting and contract transparency. Deeper technical matters, such as interoperability, government cloud and digital identity, remain outside its scope except as necessary for access.
9. Preservation and Archiving
A missing or destroyed record cannot be accessed. The Law therefore links the right to the Document Preservation Law and establishes a “destruction hold” when a record becomes subject to a request or dispute. This simple rule is essential to prevent the right being emptied of substance.
10. Protecting Privacy without Turning It into a Shield
Privacy is a constitutional right and a legitimate ground for withholding, but does not prevent publication of matters concerning public duties or public funds. The bill therefore uses aggregation, anonymisation and partial redaction wherever possible, preventing the mere presence of personal data in a record from leading directly to withholding the whole record.
Legislative and Institutional Alignment
| Reference | Relationship to the Bill | Implementation requirement |
|---|---|---|
| Constitution of the Republic of Iraq 2005 | Freedom of expression and publication; openness of the Council of Representatives; Commission independence; restrictions on rights | Narrow interpretation of exceptions, balanced with Article (46) |
| High Commission for Human Rights Law No. 53 of 2008, as amended | The Commission is the proposed oversight body | Add an information department and the adjudicative and audit powers provided here |
| State Council Law No. 71 of 2017 | Administrative justice is the route for challenging administrative decisions | Align appeal periods and procedures where necessary without creating a parallel judiciary |
| Document Preservation Law No. 37 of 2016 | Records management, preservation and destruction | Connect retention schedules with access rights and suspend destruction during disputes |
| Electronic Signature and Electronic Transactions Law No. 78 of 2012 | Legal basis for electronic requests and notifications | Adopt digital channels without eliminating non-digital alternatives |
| Kurdistan Region Law No. 11 of 2013 | An operative regional information-rights system | Respect the Region's powers; coordinate where federal and regional records overlap |
| Legislation concerning confidentiality, investigations and privacy | May contain specific restrictions | Inventory and review them under the harm and public-interest tests and the Constitution |
The bill does not seek implicitly to amend the Penal Code or abolish criminal protection of defence secrets or private life. It prevents a general confidentiality label from defeating access rights without legal analysis. Where an applicable law criminalises disclosure of a specific category of secrets, its application remains subject to the Constitution and to defining the scope of the secret itself.
Transitional Provisions and Implementation Requirements
The Law shall be implemented gradually through existing institutions. Contact points shall be designated within the first three months; request registers organised and manuals issued within six months; minimum proactive disclosure completed within one year; and publishable public datasets connected to the national portal within eighteen months. These periods do not postpone an individual's right to submit a request after commencement.
The first-year priority is not purchasing new systems for every body, but indexing essential records, assigning responsibilities, standardising the tracking model, training staff and connecting to existing government infrastructure. New technical investment should target problems that current infrastructure cannot resolve.
Financial and Implementation Implications
The bill requires neither a new federal authority nor a new national platform. It uses the High Commission for Human Rights for oversight, the National Centre for Digital Transformation for technical infrastructure, the National Library and Archives for the documentary framework, and existing legal, administrative and information units. Its financial impact therefore centres on reorganising human resources, training staff, improving archiving and digitisation, and preparing connections to the national portal.
No published national data permit a reliable comprehensive estimate for all bodies without a detailed inventory of archives and systems. The bill therefore avoids false precision and requires each body to assess its budgetary needs using the number of records requiring indexing, the proportion already digital, expected request volumes, geographic units, accessibility requirements for persons with disabilities, and technical integration costs. Funding priority should go to bodies with intensive public services and large paper archives.
Iraqi, International and Comparative References
| Reference | Relevant element | Effect on the bill |
|---|---|---|
| Kurdistan Region Law No. 11 of 2013 | Rights of natural and legal persons; response periods; the 48-hour case; the human-rights body's role | Draw on an existing Iraqi experience while updating exceptions and open disclosure |
| International Covenant on Civil and Political Rights + General Comment 34 | The right includes information held by public bodies; proactive disclosure; expeditious requests; reasons for refusal; appeal | Foundation for general principles and procedures |
| United Nations Convention against Corruption | Administrative transparency, information-access procedures, societal participation and publication of corruption-related information | Strengthen proactive disclosure, public-finance transparency and participation |
| UNESCO Principles on Access to Information | Legal framework, limited exceptions, oversight, appeal, records management and reporting | Develop the oversight and measurement structure |
| Iraq's National Open-Government Portal | A platform, application programming interfaces, licensing and data availability | Use existing infrastructure rather than establish a new platform |
The important comparative standard is not copying any particular country's law, but adopting principles recurring in effective systems: a broad definition of information, broad coverage of public bodies, short deadlines, limited fees, harm-based exceptions, public-interest assessment, independent oversight and judicial appeal. Institutional details are tailored to Iraq's constitutional structure.
Sources and references
First — The Constitution, Legislation and Official Iraqi Sources
- Iraqi Council of Representatives — Constitution of the Republic of Iraq 2005.
Iraqi Constitution — Council of Representatives - Iraqi News Agency — Council of Ministers approves the Right of Access to Information Bill, 4 October 2023.
https://ina.iq/ar/political/194820--.html - Iraqi Council of Representatives — Minutes of sitting No. (4), 3 August 2024, discussion of the second reading of the Right of Access to Information Bill.
Sitting minutes — PDF - Iraqi Council of Representatives — Integrity Committee hosts the Head of the Commission of Integrity, 9 September 2026.
https://iq.parliament.iq/blog/199495/ - Iraqi Council of Representatives — Follow-up on completing the formation of the High Commission for Human Rights Board of Commissioners, 18 June 2026.
Official news page - Ministry of Justice — State Council Law No. (71) of 2017, Iraqi Official Gazette issue 4456.
https://www.moj.gov.iq/view.3360/ - National Library and Archives — Document Preservation Law No. (37) of 2016.
National Library and Archives page - Ministry of Justice — Electronic Signature and Electronic Transactions Law No. (78) of 2012, Iraqi Official Gazette issue 4256.
https://moj.gov.iq/view.205/ - Kurdistan Parliament—Iraq — Right of Access to Information Law No. (11) of 2013.
https://legislation.krd/law-detail/?id=3766 - National Open-Government Portal — Portal, policies and developer interfaces.
https://nogp.gov.iq/ · Policies · Developer interfaces - National Centre for Digital Transformation — About the Centre and its competences under the Instructions on the Formations of the Office of the Prime Minister No. (1) of 2025.
https://ndtc.gov.iq/about
Second — Treaties and International Sources
- United Nations — International Covenant on Civil and Political Rights, Iraq's status as a State party.
United Nations Treaty Collection - Human Rights Committee — General Comment No. (34) on Article 19, particularly paragraphs 18 and 19 concerning access to information.
https://www.ohchr.org/sites/default/files/english/bodies/hrc/docs/gc34.pdf - United Nations — United Nations Convention against Corruption, Articles 10 and 13.
Convention text - United Nations Treaty Collection — Iraq's accession to the United Nations Convention against Corruption, 17 March 2008.
Depositary record - UNESCO — Access to Information Laws.
https://www.unesco.org/en/access-information-laws - UNESCO — Exemptions: harm, public interest and limited restrictions.
https://www.unesco.org/en/right-access-information/exemptions - UNESCO — Principles for measuring implementation of the right of access to information.
https://www.unesco.org/en/right-access-information/survey-overview
Third — Specialist Analysis of the Iraqi Bill
- ARTICLE 19 — Iraq: Analysis of the 2023 Right of Access to Information Bill, published 2024. Used as a non-governmental critical reference to compare exceptions, oversight and appeal against international standards, not as a source of law in force.
Study link
Ali Zuweid's Political Programme · POL-09 · Version 1.0 · 6 October 2026