Implementing Regulation of the Act of 24 September 2002 on Information (RLInfo), Annex 1: pdf-170.21.1.annex - Annex 1 (RLINFO)

**List of Organizations Subject to the Information Law According to Article 2 of the Information Law and Article 3 of the Present Regulation:**

– Cantonal Operations Center CCE.VD;

– State Pension Fund of Vaud;

– University of Lausanne;

– Vaudois Medico-Social Organization;

– Disability Insurance Office for the Canton of Vaud;

– Vaud Society for the Creation of Moderate Rent Housing;

– Rural Investment Foundation;

– Public Unemployment Insurance Fund;

– Foundation for Financing Professional Development in Culinary Trades;

– Tourism Council;

– Hotel Sector Commission;

– Tourism Office of the Canton of Vaud;

– Prometerre;

– Central Office for Market Garden Culture;

– Agricultural Investment Fund;

– Professional Arboricultural Office;

– Vaudois Wine Office;

– Land Improvement Syndicates;

– Insurance Institution Against Fire and Natural Elements in the Canton of Vaud.

1. The purpose of this regulation is to supplement and clarify the provisions of the Law of September 24, 2002, on Information (hereinafter: LInfo) [A], in areas not covered by a specific regulation.

1. Except for Article 17, the present regulation does not apply to the Grand Council or the Judicial Order.

2. Articles 8, 14 to 17, 20, 21, and 24 apply to municipal authorities. Articles 13, 25, and 26 apply by analogy.

1. The LInfo [A] and the present regulation apply to legal entities and other private or public legal bodies, when the fulfillment of public law tasks is based on a legal foundation.

2. Articles 13, 15 to 17, 20, 21, and 24 to 26, 28 to 36 apply analogously to these bodies.

3. The list of these bodies is provided in the annex of the present regulation.

1. The Council of State has within the State Chancellery an Information and Communication Office (hereinafter: ICO) placed under the operational direction of the Council of State's communication delegate.

2. The ICO notably performs the following tasks

a. communication support for major governmental matters;

b. coordination of information from the various departments;

c. organization and coordination of press conferences on the decisions of the Council of State;

d. dissemination of press releases;

e. granting and withdrawing accreditation for journalists;

f. drafting of the civil service journal;

g. production of explanatory brochures in the event of popular votes;

h. production of the "general public" version of the Council of State's annual reports;

i. supervision of the conformity of state publications with relevant directives.

1. Any file subject to a decision by the Council of State shall be accompanied by proposals on how to ensure adequate communication, prepared by the competent department in collaboration with the departmental communication officer.

1. As part of its general information policy, the Council of State considers the media as privileged partners due to their particular role in shaping public opinion.

1. The departmental head ensures the dissemination of information to the media on matters of a political nature. Depending on the circumstances, and on a case-by-case basis, they may delegate this responsibility to a service head or a senior official.

2. The service head and their associates ensure the dissemination of information to the media on technical matters falling within their areas of competence.

1. The municipality and the municipal council each designate a person or a body responsible for communication and information intended for the media.

1. Professional journalists eligible for accreditation are those who are registered in the professional registry (hereinafter: PR).

2. Daily and weekly high-circulation newspapers, as such, can also be accredited upon request and subsequently delegate a PR journalist from their editorial team.

3. The BIC may decide on the accreditation of other media outlets, such as specialized, political, or association press, or of non-PR journalists who can justify regular collaboration with a periodic media outlet.

4. The BIC may invite members of an institution or association particularly concerned with the topic addressed to a press conference.

1. Accreditation requests must be sent to the BIC and indicate whether the journalist is registered with the RP.

1. The BIC may revoke the accreditation of a journalist who has seriously and repeatedly disrupted the State's communication operations.

2. When a refusal or revocation of accreditation is contemplated, the journalist shall be heard, and the opinion of their professional organization as well as the Swiss Press Council shall be required.

3. The decision of the BIC may be appealed pursuant to the law on administrative jurisdiction and procedure [B].

1. Information on the activities of general interest of the Council of State and its administration includes, in particular, the decisions of the Council of State, the State's annual report on the management of administration and finances, as well as the publications of the services.

2. Accredited journalists and media are invited to all press conferences organized by the BIC or by the departments. They receive the related documentation. This documentation may be provided in advance, accompanied by an embargo.

1. Services maintain a list of the types of official documents for which they are the authors or which they hold.

2. The list indicates which documents are in principle excluded from the right to information.

3. The list is public, within the limits of Article 16 of the Information Law [A].

1. Internal documents include notes and correspondence exchanged between members of a collegiate authority, between these members and their collaborators, or between their personal collaborators, as well as documents intended to assist in the formation of the opinion and decision of a collegiate authority.

1. Employees request written confirmation, particularly when

a. they presume there is an overriding public or private interest opposing the communication of the requested information;

b. the request is not sufficiently precise.

1. In cases requiring significant research, the collaborator immediately informs the requester that a fee may be charged in accordance with Article 17.

1. When the response to a request requires more than one hour of work, a fee of 40 francs per hour is charged for any time exceeding this duration, up to and including four hours. Beyond this, the fee is 60 francs per hour.

2. In the event of a request on the same subject submitted more than three times per year by the same person, a fee of 60 francs per hour is charged.

3. A fee of 20 cents per page is charged from the 21st page onwards for any copy of a document exceeding 20 pages.

1. The complete or partial refusal to publish or transmit information in accordance with Articles 9 and 16 of the LInfo [A] shall be subject to a written response signed by the head of the competent service, a copy of which is sent to the head of the department.

1. The Council of State is solely competent to handle requests for information related to proposals to the Council of State.

1. Seized by a request for consultation of an official document subject to the protection period, the Cantonal Archives forward the request to the department that provided them with the document, along with their preliminary opinion, and acknowledge receipt of the response, informing the requester of any possible extension of the response time in accordance with Article 12 of the Information Act [A].

2. The competent department communicates its decision to the requester, with a copy to the Cantonal Archives, within the deadlines prescribed by the Information Act.

1. The request is denied when it concerns an undisclosed work according to Article 9 of the Federal Copyright Act of October 9, 1992 [C], which has come to the authority's attention without the author's knowledge.

1. The authority reminds the applicant of the obligation to comply with the Federal Copyright Act of October 9, 1992 (hereinafter: FCA) [C] regarding reproduction and citation.

2. Unless otherwise agreed, the document that constitutes a protected work may only be reproduced for private purposes, in accordance with Article 19 FCA.

3. Citations of protected works must be short and must include the source and the author, in accordance with Article 25 FCA.

4. Pursuant to Article 5 FCA, decisions, minutes, and reports issued by authorities or public administrations are not considered protected works.

1. The State Council shall determine, by means of an order, the rules applicable to the publication of reports by the Cantonal Financial Audit Office.

1. State services shall consult in all cases the Department of Justice, Interior, and Worship (hereinafter: SJIC) [D] when they must determine the existence of a significant risk of infringement on privacy according to Article 16, paragraph 3, letter a. of the Information Law [A].

2. The SJIC involves the General Secretariat of the Department of Finance in the examination of issues related to the application of the Federal Law on Data Protection [E].

1. The work imposed on the authority can be considered manifestly disproportionate when the authority is unable, with its ordinary staff and infrastructure, to meet the consultation request without considerably disrupting the fulfillment of its duties.

1. Even before beginning the work of responding to the request, the competent department evaluates its scope.

2. If the department concludes that the work will be manifestly disproportionate, it suggests that the applicant submit a new request requiring less work, or offers a shorter or partial response.

1. The competent service required to communicate an official document that primarily concerns a specific individual and does not significantly infringe upon their private sphere shall inform this individual at the time of dissemination.

1. The appointing authority is competent to lift the duty of confidentiality and to authorize testimony in court.

2. In case of doubt, or when it considers refusing to lift the duty of confidentiality or to authorize testimony, it shall seek the advisory opinion of the Legal and Legislative Service.

3. In urgent cases, authorization may be granted orally and must subsequently be confirmed in writing.

4. Authorization remains necessary after the termination of employment relationships.

1. Any natural or legal person may submit a written request to the restricted mediation commission (hereinafter: the commission), indicating their identity, the subject of their request, and attaching the contested decision.

1. Upon receipt of a request, the commission informs the concerned authority as well as the Cantonal Office of Administrative Mediation.

1. The Commission shall decide on the opening and scope of investigations it deems justified.

2. The purpose of the investigation is

a. to enable the Commission to ascertain the facts;

b. to allow the parties to communicate;

c. to enable the Commission to form an opinion on the legality and expediency of the measure being challenged.

1. The commission has the right, notwithstanding professional secrecy

a. to request at any time oral or written information and to demand access to the file concerning the person who has referred the matter to it;

b. to interview persons whose hearing is necessary;

c. to conduct inspections;

d. exceptionally to call upon experts for matters whose evaluation requires particular knowledge.

1. The commission seeks, to the extent possible, in cooperation with the relevant authority and the applicant, a solution that satisfies both parties.

2. The commission takes a position on the request within thirty days from the receipt of the mediation request and informs the parties of the outcome of its examination.

1. The mediation process is free of charge.

1. The commission and, if applicable, the experts provided for in Article 31, paragraph 1, subparagraph d) are required to maintain confidentiality regarding the information and documents they have become aware of during their investigations.

1. The commission is composed of three members appointed by the Council of State for each new legislature.

2. It must have good knowledge in the field of transparency and the functioning of administrations.

1. The commission shall, in principle, submit a report to the Council of State each year providing its assessment of the application of the Information Law [A]. It may rely on the State Chancellery for this purpose.

2. Its report is published.

1. Upon the proposal of the services, the State Chancellery shall draw up the list of documents mentioned in Article 13, within one year from the entry into force of this regulation.

1. The Department of Institutions and External Relations is responsible for the implementation of the present regulation, which comes into force on October 1, 2003.