Republic of Tunisia
Ministry of Finance
EL-BOUNIANE
Ets SCHWICH ET BAIZEAU

Guide to access to information

  • How to submit an access to information request

Use the link to the access to information form to fill out an electronic request.

Alternatively, plain paper can be used considering that the following information is included:

  • Natural persons: name, first name, address
  • Legal persons: corporate name and registered office
  • Determine what information is needed and how to access it: view all or part of the information on site, or obtain a hard copy or electronic copy.

 

The person requesting access to information is not obliged to indicate the reasons or interest in obtaining the information .

 

  • How to submit and file an access request

 

  • Directly to the mail office of the company and obtain a receipt which will be requested later.
  • Directly to the person responsible for accessing the information or to his representative and obtain a receipt which will be requested later.
  • By mail.
  • By fax.
  • By email with the "Request for access to information" on the subject and sent email notice.

 

  • Response time

The company responds to requests within a maximum period of 20 days from the date of receipt of the request or the date of rectification, and these deadlines are reduced or extended in the following cases:

  • Within 48 hours if the request for access to information has an impact on the person's life or freedom...
  • Within 5 business days to notify the requester of the unavailability of information and transfer of request from El-Bouninne if the information is available elsewhere.
  • Within 10 days if the access request is linked to information only available on-sight.
  • Within 20 days, with the possibility of an extension of 10 days when a request is made to obtain or view different information from the El-Bouninne.
  • Within 45 days if the requested information has been provided by third parties and is confidential, which requires their opinion on the partial or total availability of the information.

 

Note: If the request for access to information is rejected, the rejection letter must include reasons, the provisions of the Basic Law which have been approved for this purpose, the deadlines and methods of appealing against the refusal decision and the relevant government bodies to examine it.

 

  • Inaccessible information

 

An access to information request can only be refused if it leads to:

 

  • Undermining public security, national defense, international relations, privacy protection rights, personal data and intellectual property. These areas are not considered as absolute exceptions to the right of access to information and are subject to an assessment of the damage resulting from access, provided that the damage is serious, immediate or subsequent, and are also subject to an assessment of the public interest in providing or not providing information concerning each request and taking into account the proportionality between the interests to be protected and the purpose of the access requirement.

 

  • In the event of rejection, the access requester is informed with a reasoned response.

 

  • Access to information does not include data on the identity of persons who have provided information for the purpose of reporting abuse or acts of corruption.
  • The exceptions set out in Chapter 24 of the Right to Information Act does not apply to 
  • Information necessary for the purpose of detecting or investigating gross human rights violations or war crimes, or in tracking down their perpetrators, provided this does not prejudice the national interest of the state.
  • When the public interest must prevail over the prejudice which may be caused to the interest to be protected due to the presence of a serious threat to health, safety or the environment, or as a result of the occurrence of a criminal act.

 

  • If the information requested is partially covered by an exception provided for in Articles 24 and 25 of this law, it is only accessible after blocking the relevant part of the exception as far as possible

 

  • Excluded information which is not accessible within the meaning of the provisions of article 24 of this law becomes enforceable after the expiry of the time limits provided for by the legislation in force relating to archives.

 

  • Fees 

 

Everyone has the right to free access to information, and if the provision of information requires a certain amount of expense, the requester is informed in advance of the need to pay a fee , provided that this does not exceed the actual expenses incurred by the El-Bouniane, the documents are not issued. Required only when providing proof of payment for this consideration.

 

 

  •  Access to information requester can, if rejected:

 

  • Complain to the CEO and General Manager of El-Bouniane Company .
  • File a complaint against the Chairman and Chief Executive Officer of the company within a maximum period of 20 days following notification of the decision.
  • The CEO's response must be given no later than (10) days from the date of complaint filing. Failure to respond within this time frame is considered an implied rejection.

 

  • Appeal El-Bouniane's decision directly with the Access to Information Authority.
  • The requester may have access to information in the event that the complaint request is rejected by the president, general manager of the company, or if they do not respond within ten (10) days from the date of filing. To appeal this decision to the Access to Information Authority within twenty (20) days < / strong> from the date of the rejection decision issued by the Chief Executive Officer or from the date of the implicit rejection.
  • The Authority shall rule on the case as soon as possible, provided that it does not exceed a maximum period of forty-five (45) days from the date of receipt of the appeal, and its decision is binding on the company.