Information Act (LInfo) - Information Law (LInfo)

1. The purpose of this Act is to guarantee the transparency of public authorities' activities in order to promote the free formation of public opinion.

2. To this end, the Act sets out the principles, rules, and procedures related to informing the public and the media about the activities of public authorities, particularly concerning

a. information proactively transmitted by public authorities;

b. information transmitted upon request.

1. This Act applies to the following authorities

a. the Grand Council;

b. the Council of State and its administration, excluding its judicial functions;

c. the Judiciary and its administration, excluding its judicial functions;

d. the Court of Auditors and the Cantonal Financial Control;

e. the communal authorities and their administration, excluding their judicial functions;

f. natural and legal persons to whom the canton or a commune entrusts public tasks.

2. ...

3. The Act does not apply to the Cantonal Office for Administrative Mediation.

1. Authorities inform about their activities of general interest and they develop communication methods designed to explain their objectives, projects, actions, as well as to facilitate exchanges with the public.

2. Information is provided in an accurate, complete, clear, and prompt manner.

3. The Council of State sets the rules of communication that the cantonal administration must follow in a formal capacity, particularly concerning the usage of abbreviations and acronyms, and the reference to legal texts.

1. Authorities ensure the coordination of their communication activities when information concerns a case they are jointly handling.

1. Relations with the media are organized with consideration for their needs and deadlines. Equal treatment among media outlets is guaranteed.

2. To this end, authorities determine the competencies within their ranks.

1. Professional journalists tasked with regularly covering public affairs in Vaud are granted accreditation upon request.

2. The relevant authorities are responsible for managing the granting and withdrawal of accreditation.

3. The competent authorities may also accredit other individuals, including non-professional journalists, in specific situations.

1. Accredited journalists regularly and freely receive information on the activities of general interest from the authorities.

2. To the extent of their means, the authorities ensure that appropriate premises and equipment are made available to accredited journalists or provide them with other facilities that allow them to perform their work under good conditions.

1. In principle, the information, data, and official documents held by the agencies subject to this law are accessible to the public.

2. The cases described in Chapter IV are exempted.

3. This rule also applies to the official documents filed with the cantonal archives.

1. An official document is defined as any completed document, regardless of its medium, that is created or held by authorities, which pertains to the fulfillment of a public task and is not intended for personal use.

2. Internal documents, including notes and correspondence exchanged between members of a collegiate authority or between them and their collaborators, are excluded from the right of information established by this law.

1. The request for information is not subject to any formal requirements. It does not need to be justified, but it must contain sufficient details to allow the identification of the official document sought.

2. If necessary, the authority may request that it be submitted in writing.

1. Information provided upon request by the authorities, as well as file consultation, are in principle free of charge.

2. The authority responding to the request may levy a fee

a. when responding to the request requires significant work;

b. in the case of repetitive requests;

c. when a copy is requested.

3. The authorities shall inform the requesting person in advance that they may charge a fee.

4. The Council of State shall set the tariff for these fees.

5. Information provided to the media is free of charge.

1. The authority shall respond as quickly as possible, but in any case within fifteen days from the date of receipt of the request.

2. This period may be exceptionally extended by fifteen days if the volume of documents, their complexity, or the difficulty in obtaining them so require.

3. The authority shall inform the applicant of this extension and provide the reasons for it.

4. The requested organization endeavors to respond to media requests with consideration for editorial deadlines.

1. Consultation of official documents is conducted on site or by obtaining a copy.

2. The regulation concerning cantonal archives is reserved.

1. Each authority shall designate the persons authorized to process requests for information and shall establish procedures for this purpose.

2. The measures to be taken for this purpose shall fall within the competence of

a. the Bureau of the Grand Council for the cantonal legislative power;

b. the Council of State for the cantonal executive power, the cantonal administration, and legal persons and other bodies governed by private or public law as provided for in Article 2, paragraph 2 of this Act;

c. the Cantonal Court for the judiciary and its administration;

d. ...

e. the communal authorities for matters concerning them and for their administrations.

3. Requests sent to an authority that is not concerned shall be automatically and promptly forwarded by that authority to the competent authority.

4. When official documents are transferred to the cantonal archives, the competence to decide on a request for consultation remains with the authority that deposited the documents, until the expiration of the set protection period. After this period, the cantonal archives shall be solely competent.

1. Provisions of other laws that restrict or exclude the transmission of information or access to official documents are reserved, including provisions protecting copyright.

1. The authorities may, exceptionally, decide not to publish or transmit information, to do so partially, or to defer such publication or transmission if overriding public or private interests oppose it.

2. Overriding public interests are at stake when

a. the dissemination of information, documents, proposals, acts, and draft acts is likely to significantly disrupt the decision-making process or the functioning of the authorities;

b. information would be likely to compromise public safety or public order;

c. the work involved would be manifestly disproportionate;

d. relations with other public entities would be significantly disturbed.

3. Overriding private interests are deemed to include

a. protection against a significant infringement of the private sphere, subject to the consent of the person concerned;

b. the protection of personal rights in ongoing proceedings before the authorities;

c. trade secrets, professional secrets, or any other secret protected by law.

4. A specific person about whom non-anonymized information is communicated must be informed beforehand.

5. This person has a period of ten days from notification of the information to object to the communication within the meaning of Article 31 of the Data Protection Act [A] or to assert the rights provided for in Articles 32 et seq. of the same Act.

1. The refusal to disclose information or a document in accordance with Article 16 shall apply, where applicable, only to the part of the information or document concerned by this article and for as long as the overriding public or private interest exists.

2. The requested organization shall endeavor to respond at least partially to the request, if necessary, by not disclosing or by redacting the information or parts of a document concerned by the overriding public or private interest.

1. Public service employees and individuals entrusted with a public task are prohibited from disclosing information or official documents of which they become aware in the course of their duties and which must remain confidential by virtue of the law or a prevailing public or private interest.

2. This obligation to maintain confidentiality persists after the termination of service relationships.

3. The breach of official secrecy as per the preceding paragraphs is penalized under Article 320 of the Penal Code [B].

1. Public service collaborators may only appear in court as a party, witness, or expert regarding facts they have become aware of in the course of their duties with the written authorization of the authority designated by the Council of State. However, such authorization is not necessary for doctors and other healthcare professionals employed by public health institutions when requested by their patients to testify on matters personally concerning them.

2. This authorization remains necessary after the cessation of duties.

3. If deemed useful, the competent authority for granting authorization may request the judge to designate the points on which the collaborator's testimony should focus. The authorization can be general or limited to certain points.

4. The same rules apply to the production of official documents and the issuance of certificates.

1. For any public request regarding information, file consultation, or an activity of the authorities listed in Article 2 of this law, the competent administrative entity must provide in writing the reasons which led it to refuse authorization, to grant it partially, or to defer its transmission.

2. The competent entity shall send a copy of its decision to the Data and Information Protection Officer (hereinafter referred to as the Officer).

1. The concerned party may appeal to the Officer, or directly to the Cantonal Court.

2. As soon as the appeal is filed, the Officer notifies the data controller.

3. The Officer attempts conciliation to bring the parties to an agreement. To this end, he has at his disposal the means described in Article 38 of the Data Protection Act [A].

4. If the conciliation is successful, the case is closed.

5. In the event of failure of the conciliation, the Officer issues a decision which he notifies to the competent entity and to the concerned party.

1. The procedure is free of charge.

2. A fee may be charged in the event of an abusive request.

3. …

1. The Council of State makes the final decision on requests concerning its activity.

1. Authorities and judicial offices rule on requests concerning their activities.

2. They render a decision that can be appealed to the Cantonal Court within twenty days from the notification of the contested decision.

1. The Cantonal Court makes final rulings on requests concerning its activity.

1. Subject to the provisions of the law on the Grand Council [C], the office of the Grand Council shall make final decisions on requests concerning the activities of the Grand Council.

1. Municipal authorities decide on requests concerning their activities.

2. …

1. The procedure for appeal before the Cantonal Court is swift, simple, and free of charge.

2. …

3. Furthermore, the Administrative Procedure Act [D] applies to decisions made under this law, as well as to appeals against such decisions.

1. The Commissioner is responsible for

the appeals procedure provided for in Article 21 of this Act; informing, ex officio or at the request of individuals or entities, about the procedures for accessing official documents.

2. The Agent has, within the scope of the appeal procedure provided for in Article 21, a right of access to official documents, even if they are kept confidential.

1. Until the entry into force of cantonal legislation on administrative mediation, the decree of October 21, 1998, concerning the experimental activation of the cantonal office for administrative mediation, shall apply by analogy to the restricted commission provided for in Article 21 of this law.

1. The Council of State shall determine, through regulations, the competencies and internal procedures for the areas of this law that fall under its jurisdiction [E].

1. The Council of State is responsible for the execution of this law. It shall publish the text in accordance with Article 27, number 2, of the Cantonal Constitution [F] and shall, by decree, set the date of its entry into force.