Publication date: 25.06.2024
Legal regulation of access to public information
Introduction
Access to public information is a fundamental right of citizens that ensures transparency of the activities of state and local authorities. This right is important for the proper functioning of a democratic society, as it allows citizens to control the actions of the authorities and take an active part in public life. In this article, we will consider the basic principles and legal regulation of access to public information in Ukraine.
The main part
Definition of public information
Public information is open information in the possession of public authorities and other administrators as defined by law, and which is of public interest.
Basic principles of access to public information
Transparency and openness
State authorities and local self-government bodies are obliged to act in a transparent and open manner, ensuring unimpeded access of citizens to information about their activities.
Maximizing accessibility
Information administrators should facilitate access to public information as much as possible by providing it in a convenient and accessible way.
Legality
Access to public information is regulated by legislation that defines the procedure and conditions for providing such information, as well as the list of cases when access may be restricted.
Non-discrimination
Access to public information should be provided to all citizens on equal terms, without any discrimination.
Legislative regulation of access to public information
In Ukraine, access to public information is regulated by a number of legislative acts, including:
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right of everyone to access information held by public authorities and local self-government bodies (Article 34).
The Law of Ukraine "On Access to Public Information"
This law defines the legal framework for ensuring access to public information, the procedure for providing it, and the rights and obligations of information managers and citizens.
The Law of Ukraine "On Information"
The law regulates general issues of information activity, the procedure for access to information, and the rights and obligations of subjects of information relations.
The Law of Ukraine "On Citizens' Appeals"
The law defines the procedure for exercising the right of citizens to appeal to state and local authorities, including requests for public information.
Civil Code of Ukraine
The Code contains provisions on the protection of the right to information and liability for its violation.
Procedure for access to public information
Submitting a request
Citizens have the right to submit a request for public information to the information administrator (public authority, local self-government body, etc.). The request may be submitted in writing or electronically.
Consideration of the request
The information administrator is obliged to consider a request for public information within the time limit established by law (no more than 5 business days from the date of receipt of the request). If additional time is required to process the request, this period may be extended up to 20 business days with justification of the reasons.
Providing information
The information administrator is obliged to provide the requested information or refuse to provide it with reasons. The refusal may be justified only in cases provided for by law (for example, if the information is confidential, proprietary or secret).
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Appeal against the refusal
In case of refusal to provide information or failure to provide it within the established time limit, citizens have the right to appeal against such actions of the information manager. An appeal may be filed with the head of the relevant body, a higher body or a court.
Restrictions on access to public information
Although the principle of access to public information is general, there are certain restrictions provided for by law:
Confidential information
Information that constitutes confidential personal data is subject to protection and may not be disclosed without the consent of the person to whom it relates.
Service information
Information defined as proprietary may be restricted if its disclosure may harm the interests of the state, organization or individual.
Classified information
Information that constitutes a state, commercial or other secret is also subject to restrictions on access in accordance with the law.
Information that may cause harm
Information, the disclosure of which may harm national security, defense, public order, health care, morality, rights and freedoms of other people, may also be restricted.
Rights and obligations of information administrators
Rights of information administrators
Request for additional data
Information managers have the right to request additional data from requesters if the request does not contain sufficient information to fulfill it.
Refusal to provide information
The managers have the right to refuse to provide information in cases provided for by law (for example, if the request is excessive or the information is not subject to disclosure).
Responsibilities of information managers
Ensuring access
The managers are obliged to provide access to public information, including publishing information on official websites and other official sources.
Providing a response within a specified time frame
Administrators are obliged to respond to requests within the timeframe established by law and in a form convenient for the requestor.
Disclosure of information
Managers should ensure regular publication of information of public interest without a request.
Ensuring the protection of information
Managers are obliged to protect confidential, proprietary and secret information from unauthorized access and disclosure.
Conclusion.
The legal regulation of access to public information in Ukraine is an important element of ensuring transparency and openness of the activities of public authorities and local self-government bodies. Ukrainian legislation guarantees the right of citizens to access public information and defines the procedure for its implementation, including the submission of requests, the timeframe for their consideration, provision of information and appealing against refusal.
At the same time, there are statutory restrictions on access to certain categories of information that protect the interests of the state, organizations and individuals. Information managers have a number of rights and obligations that ensure the proper functioning of the system of access to public information.
Ensuring access to public information is key to the development of a democratic society, promoting public trust in the government and active participation in public life.
