Here are brief answers for Serbia:
1) Are PPP entities in any country directly covered by the FOI law as agencies responsible for receiving and processing information requests from any person? Public sector organization always is (including their PPP contracts), private sector entity if they have "entrusted public authorities", which usually isn't case with PPP contracts. 2) Are contracts, agreements, documents and reports of PPPs accessible to people under the FOI law directly from the PPP entity or through the relevant ministry or public sector enterprise? >From the public sector contracting party only (i.e. if ministry or municipality have such contract with private sector company, than the request should go to to ministry or municipality and the request could reffer to the documents held by that ministry or municipality not to those held by private sector company. 3) Are the accounts and the performance of PPPs audited by the State audit agency? Or are the accounts audited only by private auditors/ auditing firms? Potentially, yes. They could be matter of Supreme Audit Institution audit, but that never happened in practice. 4) Do PPP contracts and agreements contain confidentiality clauses? Are these clauses subject to the FOI laws? Might have it, but it is not an absolute excuse from the access to information. On the contrary, public sector institution that holds such contract should justify ground for refusal. Best, Nemanja _____ From: [email protected] [mailto:foianet-bounces at lists.foiadvocates.info] On Behalf Of Venkatesh Nayak Sent: Tuesday, August 02, 2011 12:33 PM To: foianet at foiadvocates.info Subject: [foianet] request for information about PPPs Dear all, I am writing to you all with a request to enlighten us about the status of public private partnership projects in your countries. These may beknown by other names, so here is a brief description of what I am looking at: a) a project that is jointly implemented by a public sector agency or government department and a completely private sector entity- a company or corporation - for providing a public service o performing a public function. b) the project could be in the infrastructure or other sectors of the economy and the private sector entity could be a domsetic or foreign company. c) PPP does not include a solely private enterprise where public sector agencies have no stake or some degree of control. I would be grateful if you could answer the following questions about PPPs in your country- 1) Are PPP entities in any country directly covered by the FOI law as agencies responsible for receiving and processing information requests from any person? 2) Are contracts, agreements, documents and reports of PPPs accessible to people under the FOI law directly from the PPP entity or through the relevant ministry or public sector enterprise? 3) Are the accounts and the performance of PPPs audited by the State audit agency? Or are the accounts audited only by private auditors/ auditing firms? 4) Do PPP contracts and agreements contain confidentiality clauses? Are these clauses subject to the FOI laws? I would be grateful if you could send us any case alw in English from Information Commissions or courts in this regard. Thanks Venkatesh Nayak Programme Coordinator Access to Information Programme Commonwealth Human Rights Initiative B-117, 1st Floor, Sarvodaya Enclave New Delhi- 110 017 Tel: +91-11-43180215/ 43180200 Fax: +91-11-26864688 Skype: venkatesh.nayak Website: www.humanrightsinitiative.org <http://www.humanrightsinitiative.org/> __________ Information from ESET NOD32 Antivirus, version of virus signature database 5653 (20101127) __________ The message was checked by ESET NOD32 Antivirus. http://www.eset.com -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://lists.foiadvocates.info/private.cgi/foianet-foiadvocates.info/attachments/20110805/a9595b5c/attachment-0001.htm>
