The brief review of the Law of Ukraine “On access to public information”, which is precisely regulates the requests for information to the citizens. I consider the main articles of the law, and focus on how to properly make such a request. With regard to the compilation of complaints against public bodies, institutions and organizations that are regulated by law “On citizens’ to Ukraine, with this theme can be found in this article – go.
Thus, the law regulates the implementation and enforcement of the right of everyone to have access to information owned entities of authority, other stewards of public information as defined by this Law, and information of public interest.
Public information – is reflected and documented by any means and in any media information that was obtained or created during the performance of the subjects of authority of its responsibilities under the current legislation, or that is in the possession of the subjects of authority and other stewards of public information as defined by this Law . Public information is public, except as required by law.
Information with restricted access applies:
1) Confidential information;
2) the secret information;
3) the service information (the concept of these types of information set out in the Act).
With regard to information about individuals. It should be noted that every person has the right to:
1) to know the period of collecting information, but prior to its use, information about it and for what purpose it is going, how, by whom and for what purpose it is used, is transmitted apply, except as required by law;
2) access to information about it, which is collected and stored;
3) require the rectification of inaccurate, incomplete, out of date information about yourself, destruction of information about themselves, the collection, use or possession of which is carried out with violation of the law;
4) on the introduction by the court with information about other persons, if necessary for the realization and protection of rights and legal interests;
5) to compensation in the case of disclosure of information about that person in violation of the requirements established by law.
Stewards of information, owning the information about the person must:
1) to provide it freely and free of charge at the request of the persons to which it relates, except in cases provided by law;
2) to use it only in order and in accordance with the law;
3) take measures to prevent unauthorized access to other persons;
4) correct the inaccurate and outdated information about the person on their own or at the request of the persons to which it relates.
Failure of a person access to information about it, concealment, illegal collection, use, storage or distribution of information can be appealed.
Now let’s see how to make a request.
Request for information – a request the governor of the person information to provide public information in its possession.
The requestor has the right to appeal to the governor of information request to the information regardless of whether such information relates to him personally or not, without explaining the reasons for a request.
The request for information may be individual or collective. Requests may be submitted in writing or in another form (by post, fax, phone, email) on the choice of requesting.
The most important thing – a written request is submitted in any form. But in any case, must contain:
1) the name (name) requesting, postal address or email address, and telecommunications numbers, if available;
2) a general description of the information or the type, name, details of the content of the document or as to which the request is made, if the questioner is known;
3) sign and date the subject of the request in writing.
It is appropriate to request call it “Request More Information” and “Information Request” and indicate that the request is in accordance with the Law of Ukraine “On access to public information.”
In order to simplify the procedure of registration of written requests for information, the person may submit a request by filling in the appropriate forms of requests for information, which can be obtained from the administrator of the information on the official website of the relevant manager. These forms must contain a brief instruction on the procedure of submission of the request for information, receive it, and the like.
The manager of information must provide an answer to a request for information within five working days of receipt of the request.
If a request for information relates to information necessary to protect the life or liberty of a person with respect to the environment, quality of food and household items, accidents, disasters, natural hazards and other emergency events that have occurred or may occur and threaten the safety of citizens The answer must be given no later than 48 hours from the date of receipt of the request.
The request for urgent processing a request must be justified.
If the request relates to the provision of large amounts of data or require information retrieval among a large amount of data, information manager may extend the period for consideration of up to 20 working days from the justification for such an extension. On the extension of the manager requesting the information reported in writing within five working days of receipt of the request.
Information is available on request free of charge.
Decisions, actions or omissions of information managers may be appealed to the head steward, higher authority or a court.
In particular, the requestor has the right to appeal:
1) rejection of the request for information;
2) a delay to meet the request for information;
3) failure to respond to a request for information;
4) providing false or incomplete information;
5) failure to provide information;
6) failure to comply with duties of managers to disclose information in accordance with Article 15 of the Law;
7) other decisions, acts or omissions of information managers, violated the legitimate rights and interests of the requesting.
Finally, the appeal of decisions, actions or omissions of information managers to the court in accordance with the Code of Administrative Procedure of Ukraine.