Review of the Kazakhstan Commission on Access to Information

Foreword
Acknowledgements
Abbreviations and acronyms
Executive Summary
	Enabling policy and legal framework for transparency
	The role of oversight mechanisms
	Improving the functions of the Commission
	Recommendations requiring changes in legislation
Introduction
Chapter 1.  Oversight bodies for access to information
	Types of oversight bodies for access to information
	The mission and functions of an oversight body for access to information
		Requests for access to information
		The functioning of an oversight body
		Oversight of the work of institutions guaranteeing access to information
	Legal grounds for creating an oversight body for access to information
	The creation of an oversight body for access to information in the legislation of Kazakhstan
		Creation of the commission on access to information
		Other institutions responsible for ensuring the right of access to information and data protection
			Law on access to information
			Law on personal data protection
	References
Chapter 2.  The legal nature and composition of CATI
	Nature of the CATI
		The CATI as a consultative and advisory body
		The implementation of access to information oversight bodies’ acts
		Recommendations to support implementation of the CATI decisions
	Legislation on membership in the access to information oversight bodies
		Terms of appointment
			Appointment procedures
		Composition of the Commission
			CATI membership
			Composition of oversight bodies for access to information in OECD member countries
	Collegiality and autonomy
		CATI collegiality and autonomy
			Collegial entity
			Autonomy
				Administrative autonomy
				Decision-making autonomy
			The obligations of the CATI members
		Collegiality and autonomy of oversight bodies of OECD countries
			Administrative and decision-making autonomy
			Functional connections
				Institutions reporting to the executive branch
				Institutions reporting to the parliament
			The obligations of members of bodies of OECD countries
	References
Chapter 3.  Mandate of the oversight body for access to information
	General objectives of the Commission
		The CATI\'s jurisdiction is limited to access to information
		Relationship between access to information and data protection
		Considering the creation of an entity in charge of personal data protection
	CATI’s activities
		Activity and practical operations
		Operating rules of the CATI
			Procedure for preparing the meetings
			Procedure for opinions
			Official procedure for the implementation of the CATI’s recommendations
			OECD practice
Chapter 4.  Review mechanisms
	Means for reviewing refusals to provide information
		Administrative and judiciary means of reviewing a refusal to provide information
			The Kazakhstan Human Rights Commissioner’s intervention
	Administrative liability
	References
Chapter 5.  Developing the Commission on Access to Information
	Measures to improve the CATI’s operation and the application of the ATIL that do not require legislative changes
		Framing the CATI’s strengthened mandate
			It is possible to make these principles operational by drawing up an action plan or roadmap which addresses the following sections:
		Ensuring the functioning of the Commission
			The ministry of information and communications’ capacity and functions concerning ATIL oversight and implementation
			Establishing an annual CATI work programme and making it widely known
			Clarifying the CATI’s legal responsibility
		Improving the CATI\'s internal operating rules
		Creating a system to monitor the CATI’s decisions
		Drafting an annual activity report
		Making the legislation uniform across the public administration and facilitating its application by public institutions
		Facilitating the relationship with individuals and entities responsible for access to information
		Strengthening the CATI\'s links with its judicial and administrative partners
		Continuing to assess ATIL
		Reinforcing relations with civil society
		Bringing the CATI closer to Parliament
	Measures requiring legislative change
		Evolving the CATI’s status
			Membership
			Reinforcing the professional obligations of CATI members
			Rebalancing voting rules
			Clarifying hierarchy in the Commission
		Recommendations to apply best practice according to international standards
			An autonomous oversight bodies for access to information
	References