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Escrito por Javier Antonio Nisa Avila - Lexnos Categoría: Electronic Administration Asia
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Katmandu nepal

Nepal, Asian country known for hosting great world's highest mountain and great unknown for his commitment to open government and eletronic administration. As noted in the introductory article, we will address in two parts Act Right to Information, 2064 (2007) सूचनाको हक सम्बन्धी ऐन

We begin by contextualizing the law, the legislature of Nepal to develop the law intended that the functions of the state are open and transparent, under a democratic system. The main claim is that citizens can access public data and important information from different agencies, and on the other hand protect confidential information that could be negative for the country if known.

 

Definition and Basic Concepts


The most important are the concepts of public, Information, Public Importance, Document and Right to Information.

For public body in nepal, refers to those established under the constitution of nepal, nepal government, institutions created for government, legal entities wholly or partially owned Nepali state bodies which receive subsidies, or any organ previously published in the official gazette of nepal.

Furthermore Information and Public Importance, two concepts that differentiates this law, but that should not go together to give rise to legal concepts by stepping on the field of action, are not too differentiated to give its own legal entity. In this case these definitions exist

 

  • Information, for information means any written document, material or information related to functions, procedures or decisions of public importance made by a public body.
  • Public Importance relates to an issue directly related to citizens

Considering that in the preamble and the first articles stated that this law is created to give citizens access to information of public importance, make a difference and importance of public information would be correct as long as the concept was not public importance within the information.

A document is any document written, spoken or visual collected and updated by mechanical means, which can be printed or retrieved.

On the right to information as a concept means the right to request and obtain information of public importance held in government

 

Right to information and information flow


For starters we can distinguish between current information and information inaccessible. Citizens have the right of access to all data generated by public bodies or those data provided to them (current information) except those that affect the economic interest of the country, stability of the country, military secrets, national defense (information inaccessible).

On the other hand if an administration with a request from a citizen, if that information is in an inaccessible registration information must be separated from each other and provide all you can.

One of the most spectacular that has this law is that public bodies must update the information you have up to 20 years old, and update with new information every three months.

Any information requested must be previously been paid by a rate that is equivalent to the actual value of the work that is needed to get the information to issue.

In the next article we will discuss the other half of the Law of the right to information in Nepal.


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