Freedom of Information Policy


             :Policies   

                        :1-1Policy Implementation Tool 

                        The Authority of People with Disability (APD) is committed to providing this information to individuals in accordance with the "National Data Governance Policy," which regulates this process, its outcomes, and the associated obligations

                         :2-1Exceptions to Policy Application    

:The provisions of this policy do not apply to the "protected information

      .Information whose disclosure would harm the national security of the state, its policies, interests, or rights

      .Military and security information

      .Information and documents obtained under agreements with other countries that are protected

      Any information related to investigations, inquiries, law enforcement actions, and inspection or surveillance operations related to a crime, violation, or  . threat

      .Any information containing recommendations, suggestions, or consultations for issuing legislation or a government decision that has not yet been issued

      .Any information of a commercial, industrial, financial, or economic nature that disclosure could lead to illegal profit or the avoidance of loss

      .Scientific or technical research, or rights involving intellectual property that disclosure could infringe upon moral rights

      .Any information related to competitions, tenders, and auctions where disclosure would undermine the fairness of competition

       .Information that is either confidential or personal under regulations or requires specific legal procedures to access or obtain

      3-1Main General Principles of the Right to Information   

      Transparency: The right to access information related to the activities of public bodies, in order to promote an ecosystem of integrity, transparency, and. accountability

      Necessity and Proportionality: Any restrictions on requests for access to or obtaining protected information received, produced, or handled by the APD must be clearly and explicitly justified

      Disclosure as the Default for Public Information: Individuals have the right to access public (unprotected) information. It is not necessary for the requester to possess any specific status or interest in the information in order to obtain it, nor are they subject to any legal liability in relation to this right

      Equality: All requests for access to or obtaining public information are treated equally

      4-1Individuals' Rights to Access Public Information and the Process for Obtaining It  

      .The right to access and obtain any unprotected information held by the APD

      .The right to know the reason for the refusal to access or obtain the requested unprotected information

      The right to appeal a decision to refuse a request for access to or obtaining the requested unprotected information within a period not exceeding fifteen (15)  days

       :5-1Obligations of the Authority of People with Disability (APD) 

      The APD is responsible for developing and implementing policies and procedures related to the exercise of the right to access or obtain public information. The Chief Executive Officer (CEO) of the APD is authorized to approve and adopt these policies and procedures and to delegate responsibility to the appropriate individuals.

      The APD shall establish an administrative unit linked to the Data Management Office (DMO), which was established under Royal Order No. 59766, dated 20/11/1439 H. This unit will be tasked with developing, documenting, and overseeing the implementation of the policies and procedures related to the right to access information. The unit will also be responsible for establishing appropriate criteria to classify data when no classification exists, in accordance with the Data Classification Policy, and for using this as a primary reference when handling requests for access to or obtaining public information

      The APD’s office will determine and provide the necessary means (public information request forms), whether in paper or electronic format, through which individuals can request access to or obtain public information

      The APD’s office will verify the identity of individuals before granting them the right to access or obtain public information, in accordance with the guidelines set by the National Cybersecurity Authority and relevant entities

      The APD’s office establishes the necessary standards for determining the fees associated with processing requests for accessing or obtaining public information, based on the nature of the data, its volume, the effort involved, and the time required, in accordance with the Data Monetization Policy document

      The APD’s office documents all records of requests for access to information or obtaining it, as well as the decisions made regarding these requests. These records are reviewed to address cases of misuse or non-response

      The APD’s office establishes and documents policies and procedures for retaining records of requests and disposing of them in accordance with the regulations and laws relevant to the APD’s operations and activities

      The APD’s office prepares and documents the necessary procedures for managing, processing, and documenting extension requests, rejected requests, and defines the tasks and responsibilities related to the relevant work team, as well as the cases in which the regulatory authority and the office are notified according to the administrative hierarchy, and within the specified time frame for processing requests

      The APD’s office notifies the individual, appropriately, if the request is fully or partially rejected, explaining the reasons for rejection, the right to appeal, and how to exercise this right within a period not exceeding fifteen (15) days from the decision

      The APD’s office prepares awareness programs to enhance the culture of transparency and increase awareness according to the information freedom policies and procedures approved by the APD

      :6-1Main Requirements for Requests to Access or Obtain Public Information

      .The request must be submitted in writing or electronically

      .The "Public Information Request Form" approved by the public authority must be filled out 

      .The request must be for the purpose of accessing or obtaining public information

      The request form must include details on how the final decision and notifications will be sent to the individual (e.g., national address, email, or the APD’s website, etc.)

      .The request form must be sent directly to the public authority

      :7-1Main Steps for Requesting Access to or Obtaining Public Information 

      .The "Public Information Request Form" – either electronic or paper – is filled out and submitted to APD’s office

      :The APD’s office, within a specified period of thirty (30) days, receives the request and makes one of the following decisions

Procedure

Description and Decisions  

Approval

If the request for access to or obtaining information is approved, either fully or partially, the individual must be notified in writing or electronically of the applicable fees. The relevant department within the APD must provide the information to the individual within a period not exceeding ten (10) working days from the receipt of the payment.


Rejection




If the request for access to or obtaining information is rejected, the rejection must be provided in writing or electronically and include the following information:

Indicate whether the rejection of the request is full or partial.

Provide the reasons for the rejection, if possible.
Inform the individual of their right to appeal the rejection, along with the procedure for filing an objection to the decision.



Extension

If the request for access to or obtaining information is not processed within the specified time frame, the APD's office should extend the period for providing a response by a reasonable duration based on the volume and nature of the requested information – for example, not exceeding an additional thirty (30) days – and provide the individual with the following :information
Notification of the extension and the anticipated date for completing the request.
 
Provide the reasons for the delay\extension.
Inform the individual of their right to appeal the extension, along with the procedure for filing an objection to the extension decision.

Notification

If the requested information is available on the APD's website or falls outside its jurisdiction, the individual must be notified in writing or electronically. The notification should include the following information:A statement, depending on the type of notification, indicating the location where the data can be accessed on the APD's website, or confirming that the APD does not have jurisdiction over the requested data.
The right to appeal this notification, along with the procedure for filing an objection to the decision stated in the notification.



      If the individual wishes to appeal the rejection of the request by the APD, they may submit a written or electronic notice of appeal to the APD’s office within a period not exceeding ten (10) working days from receiving the APD’s decision. The Appeals Committee at the APD's office will review the request, make the appropriate decision, and notify the individual of the review fees – which will be refunded if the committee approves the request – as well as the decision on the appeal

      :8-1Information Freedom Plan

The office is responsible for developing a plan at the APD level that addresses both operational and strategic requirements, based on the APD's data management and :   :  governance strategy, as well as the protection of personal data. The plan must, at a minimum, include the following 

      A roadmap outlining the activities and interim objectives required to achieve full compliance with the Information Freedom Policy issued by the National Data Management Office (NDMO), ensuring that the minimum specifications for the "Freedom of Information" domain, as defined in the "Controls and Specifications of the National Data Management Office," are met.

      Allocation of the necessary resources and budget to ensure full compliance with this policy.

      :9-1General Provisions

      The APD’s office is responsible for aligning this policy with its organizational documents – policies and procedures – and disseminating it to all affiliated or related entities in a manner that ensures integration and achieves the intended objective of its development, following final approval from the CEO.

      The APD’s office must balance the right to access and obtain information with other necessary requirements, such as ensuring national security and protecting personal data privacy.

      The APD’s departments must comply with this policy and document their compliance periodically, in accordance with the processes and procedures established by the APD after coordination with the office.

      Regulatory entities, after coordinating with the office, must develop processes, procedures, and controls related to handling complaints, in accordance with a defined timeframe and the organizational hierarchy.

      The APD’s office must notify the office if a request for access to or obtaining public information is rejected, or if the specified period for providing this information is extended, as long as it falls within the scope.

      When the APD contracts with other entities, such as companies providing public services, the APD’s office must periodically ensure that these entities comply with this policy, in accordance with the processes and procedures established by the APD. This includes any subsequent contracts entered into by these entities.

      The APD has the right to establish additional rules for processing requests related to specific types of public information, based on its nature and sensitivity, after coordinating with the office.

      The APD’s office must prepare forms for accessing or obtaining public information, whether paper or electronic, specifying the necessary information and the possible means for providing the requested information.

For correspondence, please contact us at the following email address:  : info@apd.gov.sa  ​