Implementation of the Access to Information Law in Morocco

The right to information is a fundamental pillar of modern democracy, serving as a bridge between the administration and the citizen. In the Kingdom of Morocco, this right has evolved from a constitutional principle into a functional legal framework designed to promote transparency, accountability, and good governance.

The primary legal instrument governing this area is Law No. 31.13 regarding the Right of Access to Information, enacted by Dahir No. 1.18.15. This legislation represents a significant step forward in Morocco’s commitment to international standards and its own constitutional mandates, specifically Articles 42 and 50 of the Constitution. By establishing clear procedures for how information is requested, held, and disseminated, the law aims to foster a culture of openness within public institutions.

The Scope and Beneficiaries of the Law

Under Article 3 of Law 31.13, the right to access information is explicitly granted to all Moroccan citizens. However, the law extends its reach beyond national borders to reflect Morocco’s international commitments. Article 4 specifies that foreign nationals residing legally in Morocco also enjoy the right to access information, provided they follow the conditions and procedures outlined in the legislation.

The "information" subject to this law includes data, documents, and statistics held by public administrations, elected institutions, and bodies invested with public service missions. This includes everything from administrative circulars to statistical data regarding public sectors. For example, under Reference 2, the Ministry of National Education is tasked with improving information systems and statistics related to schooling, which fall under the category of information that should be accessible to improve sectoral transparency.

Practical Procedures and Costs

One of the most citizen-friendly aspects of Law 31.13 is the cost structure. According to Article 5, the provision of information is generally free of charge. However, there are two important nuances:

1. Direct Costs: The applicant is responsible for the costs associated with the physical reproduction of documents (copying), processing, or postage.
2. Paid Services: Certain specialized services may require fees as determined by specific regulatory texts.

When a citizen or legal resident obtains information, they are granted the right to use or reuse it under Article 6, provided the use is for legitimate purposes. The law mandates that the user must not distort the content and must clearly cite the source and the date of issuance to ensure the integrity of the data remains intact.

Specialized Information Regimes: Credit and Corporate Transparency

While Law 31.13 provides the general framework, specific sectors have their own specialized transparency rules that complement the general right to information.

Credit Information Bureaus

In the financial sector, the Law relating to Credit Information Bureaus establishes a rigorous system for data protection. Under Article 31 of this law, providers must obtain consumer consent and inform them of:

• The purpose of data collection and processing.
• The duration for which the information will be stored.
• The consumer's right to access their credit history and request a "solvency report."

The Public Register of Beneficial Owners

Transparency also extends to corporate governance. A recent decree established a Public Register of Beneficial Owners for companies established in Morocco. Article 11 of this decree mandates the recording of detailed information about companies and their actual beneficiaries. To ensure long-term accountability, Article 9 requires that this information be archived for ten years even after a company is struck from the commercial register. This data can even be used for international cooperation, provided it respects Morocco's data protection laws.

Limitations and Ethical Use

The right to information is not absolute. Law 31.13 and related decrees balance the right to know with the need for national security and private data protection. For instance, in the field of maritime scientific research (Reference 7), authorizations include specific "conditions or restrictions regarding the publication of information" to protect national interests or the environment.

Furthermore, Article 6 of Law 31.13 explicitly prohibits the use of obtained information in a manner that causes harm to the public interest or infringes upon the rights of third parties. This ensures that transparency does not come at the cost of individual privacy or national stability.

Conclusion and Key Takeaways

The implementation of the Right of Access to Information Law marks a turning point in Moroccan administrative law. It transforms the relationship between the state and the individual from one of secrecy to one of shared knowledge.

Key Takeaways:

• Universal Access: Both citizens and legal foreign residents have the right to request information from public bodies.
• Affordability: Access is generally free, excluding the physical costs of copying and delivery.
• Responsibility: Information must be used for legitimate purposes, with sources properly cited and content undistorted.
• Sectoral Integration: Specific laws (like those for Credit Bureaus or Corporate Registers) provide additional layers of transparency and data protection in sensitive fields.
• Governance: Institutions such as Bank Al-Maghrib and various government ministries are increasingly digitized to facilitate this access, as seen in the mandates for the education and financial sectors.

By understanding and exercising these rights, individuals contribute to a more transparent and accountable Moroccan society.

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