Access to Information: Appeals | Asian Development Bank

Access to Information: Appeals

Petitioning a denied request

First Stage of Appeal

A requester who is denied access to information by ADB may file an appeal with the Access to Information Committee (AIC) if the requester can (i) show that an initial request for information was submitted in accordance with the required procedures set forth in the policy and (ii) either provide a reasonable argument that ADB has violated the policy by denying access to the requested information or make a public interest case as described in para. 18 of the Access to Information Policy (AIP) to override the policy exception(s). A request for review may be submitted in writing to the following:

Access to Information Committee (AIC)
through the Information Access Unit
Office of the Secretary
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila, Philippines
or by email

    Appeals to the AIC must be submitted within 90 calendar days after the denial of the request. All appeals should contain (i) a description of the information originally requested, and (ii) an explanatory statement that sets out the facts and the grounds that support the requester’s claim that ADB violated the policy or that the public interest override applies.

    Requesters are notified if the appeal is dismissed (i) for a failure to file within the required time, (ii) for a failure to provide sufficient information that would reasonably support the appeal, or (iii) because the AIC or the Independent Appeals Panel (IAP) does not have authority to consider the matter being appealed. The appeal will be acknowledged within 7 calendar days and a decision will be given no later than 30 calendar days from receipt of the appeal.

    Second Stage of Appeal

    If the AIC upholds the initial decision to deny a request for information, and the requester still believes that ADB has violated its policy by withholding the information, the requester may file an appeal with the IAP. The ADB President appoints the IAP members with the approval of the Board of Directors. The IAP comprises three external experts on access to information, independent from ADB.

    Independent Appeals Panel (IAP)
    through the Information Access Unit
    Asian Development Bank
    6 ADB Avenue
    Mandaluyong City
    1550 Metro Manila, Philippines
    or by email
    or fax to +63 2 636 2481.

    The IAP only considers appeals alleging ADB violated the policy by restricting access to information. Decisions made by the President and the Board on public interest appeals for disclosure of information cannot be appealed to the IAP, nor Board decisions to restrict certain information and documents normally disclosed by ADB. Appeals to the IAP must be submitted within 90 calendar days after the AIC’s decision to uphold ADB’s initial decision to deny access. The appeal will be acknowledged within 7 calendar days and considered within 45 calendar days. Decisions of the IAP are final.

    All appeals should contain (i) a description of the information originally requested, and (ii) an explanatory statement that sets out the facts and the grounds that support the requester’s claim that ADB violated the policy or that the public interest override applies.

    A list of appeals to the IAP will be posted on ADB’s website stating the nature of each appeal and the decision taken.