From the 1978 law to the CRPA
France granted a general right of access to administrative documents with the law of 17 July 1978, one of the earlier access statutes in Europe. For nearly four decades that law was the reference text; in 2016 its access provisions were codified into the Code des relations entre le public et l'administration, the CRPA, the code that now gathers the rules governing dealings between the public and French authorities. The substance survived the move: any person has a right to obtain administrative documents, policed by an independent advisory commission created by the same 1978 law, the Commission d'accès aux documents administratifs, universally known as the CADA.
What can be requested, and from whom
The right covers administrative documents whatever their form or medium: files, reports, minutes, studies, statistics, correspondence and databases, produced or received by State administrations, local authorities and other public bodies, as well as by private organisations entrusted with a public service mission. Any person may ask, without giving reasons and regardless of nationality or residence. Access takes one of several forms at the requester's choice: free consultation on the premises, paper copies at the requester's expense, or an electronic copy.
The main limits
Certain interests are shielded by law, among them the secrecy of government deliberations, national defence, the conduct of foreign policy, State security and public safety, and ongoing judicial proceedings. Documents that are preparatory to a decision cannot be obtained until that decision has been taken, and documents that have already been publicly disseminated fall outside the communication procedure. Records whose disclosure would affect privacy or medical confidentiality, or that carry assessments or value judgements about a named person, are communicable only to the person concerned. Commercial and industrial secrecy protects business information supplied by companies.
How a request unfolds
A request is addressed to the authority holding the document; no special form is required. If the administration remains silent for one month, that silence counts as an implicit refusal. At that point the applicant cannot go straight to court. A referral to the CADA is a mandatory preliminary step before any litigation, and it must be made within two months of the refusal.
The CADA's advisory route
The CADA examines whether the requested document is communicable and issues an opinion, an avis, addressed to both the applicant and the administration. The opinion is advisory rather than binding, but authorities follow it in the large majority of cases, which is why the commission handles most access disputes without any court ever being involved. If the administration maintains its refusal despite a favourable opinion, the applicant may bring the case before the administrative courts. Beyond individual disputes, the commission also advises administrations on their obligations, and its accumulated opinions function as the practical case law of French access rights. Its guidance and doctrine are published by the CADA itself.
Proactive publication and reuse
The 1978 framework is request-driven, but later reforms have layered proactive duties on top of it. The 2016 Digital Republic Act pushed administrations towards open data, requiring larger authorities to publish key documents and datasets without waiting to be asked, and the CADA's remit extends to disputes over the reuse of public sector information. The French regime therefore combines an old, request-based right with a newer publication culture, with the CADA sitting at the junction of the two.
The CRPA governs documents held by French authorities. Documents held by the institutions of the European Union follow a separate regime with its own deadlines and review mechanisms; the guide on how to use European freedom of information rules covers that route.