Cases where agencies and units are entitled to refuse to provide information

ANH HUY |

According to the Law on Access to Information (amended), agencies and units are entitled to refuse to provide information when the information requested exceeds their ability to respond.

At the First Session, the 16th National Assembly passed the Law on Access to Information (amended). This Law takes effect from September 1, 2026.

The Law on Access to Information (amended) stipulates the implementation of citizens' right to access information; the responsibilities of state agencies and public non-business units responsible for providing basic and essential public non-business services in ensuring citizens' right to access information.

Article 27 clearly stipulates that agencies and units are prohibited from providing information in the following cases:

Information belonging to state secrets according to the provisions of law on protection of state secrets; information on private life, personal secrets, family secrets according to the provisions of civil law and personal data according to the provisions of law on protection of personal data.

Business secrets according to the provisions of law on intellectual property or information that if provided will cause harm to the interests of the State, affect national defense, national security, foreign affairs, social order and safety, social ethics, community health, and cause harm to the life, health, legitimate rights and interests or property of others.

Agencies and units are also allowed to refuse to provide information in the following cases: Information belonging to work secrets determined by agencies and units according to the provisions of law; information about internal meetings of agencies and units; documents drafted by agencies and units for internal work; Information requested is not under the responsibility of providing; information has been provided twice to the requester themselves, unless the requester has a legitimate reason;

Information requested exceeds the ability to meet or affects the normal operation of agencies and units; the person requesting information does not pay the actual costs for printing, copying, photographing, and sending information as prescribed in Article 25 of this Law.

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