A French administrative record refused: what next?
In the general French administrative-records procedure, the authority has one month to answer; silence means refusal. You can then refer the matter to CADA within two months of an express or implied refusal, before court proceedings. Prepare a precise request, keep evidence of sending it and identify the records sought. Medical records and personal-data requests to a private company follow different rules.
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Does the record fall within this access procedure?
It must relate to a public body or public-service mission, subject to the applicable access conditions and exceptions. Source C1
- Request
Identify the existing record and its holder.
- Refusal
Express refusal, or one month without a reply in the general case.
- CADA
Referral within two months of refusal.
Which stage has my document request reached?
Keep a record at every stage. The tool prepares a request or the records for a CADA referral; it does not calculate a court-appeal deadline.
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Your entries stay on this page until you choose to continue.
Your preparation
A precise request to complete
- Record: Municipal council decision and its annex.
- Keep a dated copy and proof of receipt. Distinguish the initial request, CADA referral and court proceedings.
Objet : demande de communication d’un document administratif Madame, Monsieur, Je souhaite obtenir communication de [désigner précisément le document en français]. Merci de m’indiquer les modalités d’accès et, le cas échéant, les frais de reproduction avant tout envoi payant. [Coordonnées, modalité souhaitée et date]
| Stage | General reference point | Record to keep |
|---|---|---|
| Request to the authority | One month of silence means refusal | Copy and proof of receipt |
| CADA referral | Within two months of refusal | Initial request, refusal and records |
| After CADA | Check the rules for any court proceedings | Opinion and authority’s decision |
How should I identify the records I want?
State the document type, subject and identifying details. Ask for an existing record, rather than a newly created analysis. Source C1
Must I explain why I want the record?
In the general procedure, reasons are not required. A dated written record helps establish exactly what you requested. Source C1
When does silence become a refusal?
In the general procedure, no reply for one month amounts to implied refusal. Keep evidence of the initial request. Source C1
What happens in the other cases?
- Initial request
- Identify the record and the authority holding it. Access concerns an existing record, subject to legal restrictions.
- Refusal or silence
- Refer to CADA within two months of express or implied refusal. Keep the request, proof of receipt and any reply.
- Medical records or private data
- Use the specific access route. Do not automatically apply the general CADA timeline.
When should I refer the matter to CADA?
Referral follows an express or implied refusal and must be made within two months. A premature request does not replace this stage. Source C1Source C2
Which records should accompany the referral?
Identify the requested documents and attach the initial request and any available refusal. Keep the transmission records. Source C1
Does CADA replace the administrative court?
No. CADA referral is a prior step for the relevant refusals; proceedings before the administrative court remain separate. Source C1Source C3
What about medical records or private-company data?
Do not reuse this timetable. Medical records have specific rules, and access to a company’s personal data falls under another framework. Source C1