Improving the Implementation of Right to Information (HR0041)

Which public issue does the measure address? In spite of the increased quantity of publicly accessible information on the Internet pages of public authority bodies, and the availability of information on demand to citizens, they and other users cannot yet rely on the fact that all information will be easily or quickly accessible. This is clear from the number of complaints due to administrative silence or misrepresentations of the provisions of the Act on the Right to Access Information when approaching public authorities. In effect, this is the consequence of a lack of knowledge of the pertinent provisions and the inadequate competences of public authorities, but also the lack of awareness on the part of citizens regarding their rights. It is necessary to invest in further structured efforts in the education and standardisation of the procedures of public authorities, and to raise the level of awareness of the Constitution and Act on the Right to Access Information based knowledge on the right to access information, in order to guarantee its effective use by citizens, NGOs and the media, and other social actors. It is necessary to continue to encourage and monitor the proactive publication of information by public authorities and their competent conduct according to the exigencies of existing legal deadlines.

What does the measure include? The measure includes evaluating and improving the normative framework for the exercise of the right to access information and the reuse of information.

How does the measure contribute to resolving the public issue? Apart from protection of the right to access information and the reuse of information as well as monitoring the application of the Act, it is important to actively promote the right to access information, which primarily includes education and strengthening awareness of information officers and public authorities, as well as beneficiaries of the right to access information (citizens, media, associations, private sector). It is also important to inform professional and the general public on topical issues from the area of the right to access information and the reuse of information (through cooperation with NGOs, the academic community, other institutions and the media). After 8 years of the application of the Act on the Right to Access Information, and with the aim of evaluating the efficiency of the legal framework for the exercise of the right to access information, it is necessary to conduct an independent analysis on access to information from the user's point of view, but also from the position of public authorities. In accordance with the objectives of the phrase "better regulations", before possible interventions to the legal text, the evaluation should contain data on the legal, political, sociological and economic implications of the application of this Act and serve as a guide in further work on the legal text. The adoption of amendments to the Act on the Right to Access Information is necessary in order to increase the degree of its application, to remove evident obstacles in the more efficient exercise of rights, primarily those that do not ensure legal protection to the user, which relate to the execution of the decisions of the Commissioner, but also in order to improve the proactive publication of information, greater transparency and responsibility of public authorities and strengthening the anti-corruption potential of the Act on the Right to Access Information. Essentially, the right to access information should be fundamentally exercised through the proactive publication of information by public authorities on the websites of the bodies and in the Central Catalogue of the Official Documentation of the Republic of Croatia, which represents the fastest way to obtain information, and only indirectly through protection mechanisms before a second instance body and ultimately before the High Administrative Court. In this process, systematic work on the use of new technologies is of crucial importance in order to enable easier participation of citizens and a higher level of transparency in the work of public organisations as well as the publication of data on all types of desirable and undesirable behaviours in the public administration. Analysis of ways of handling received complaints, ways of handling of public authorities according to requests for access to information and the share of administrative silence shows negative trends. According to the data from 2020, compared to 2019 the number of annulled decisions of public authorities remained unchanged, and compared to 2018 it increased (60.24% in 2020, 60.84% in 2019, 54.65% in 2018). 14 In relation to cases of administrative silence, during 2020 there was an increase in the number of orders where public authorities were ordered to resolve requests in cases where public authorities did not resolve the request for access to information within the legal deadlines (58.47% in 2020, 35.43% in 2019, 28.07% in 2018). The above-mentioned indicates that the public authorities should make further efforts to handle requests within legal frameworks, and the supervisory body should continue designing models of further standardisation of following established standards of exercising the right to access information, with an increased efficiency of execution of the order and decisions of the Commissioner. It has also been noted that the local level, in comparison with the state administration, is not on the same level in terms of openness and transparency as well as the involvement of citizens. From the conducted research it is evident that only a small number of cities and municipalities conducted e-Consultations more often due to frequent amendments to acts of general application and strategic planning documents, while the majority rarely conduct this activity. In addition, the deadline for e-Consultations is often unduly shortened past the deadline of 30 days laid down by law. All of the above speaks in favour of the need for further refinement of the normative framework that applies in this area.

Why is this measure relevant to the values of the Open Government Partnership? Public authorities possess an extremely large amount of information of importance to the public. Access to public information is a strong mechanism of ensuring a responsible and efficient work of public authorities, that is, their management of public resources. The implementation of this right ensures the transparency and openness of the body and enables the inclusion of users of the right to access information, both in the processes of democratic oversight of institutions and in decision-making on numerous issues of individual and social interest. Access to information is achieved primarily by the proactive publication of information on the website of the bodies, publication in the Central Catalogue of the Official Documents of the Republic of Croatia, as well as the publication of open data, ensuring the publicity of work and conducting consultations with the public when adopting regulations and documents that affect the interests of users. The right of a natural and legal person to request access to information or the reuse of information, which is decided in a legally regulated procedure, with the possibility of filing a complaint to an independent body, is of equal importance. Code of Practice of Consultation with the Interested Public establishes general principles, standards and measures for consultation with the interested public in the procedures for passing laws, other regulations and acts of state bodies, which regulate issues and take positions of interest for the general welfare (protection and promotion of human rights, public services, judiciary, environmental protection and others).

Activities: Implementation start date: Implementation end date:

1.1. Strengthen the awareness of NGOs, journalists and citizens on their right to access information Underway December 2023

1.2. Implement trainings on the right to access information for officials who apply the provisions of the Act on the Right to Access Information in their work Underway December 2023

1.3. Strengthen the transparency of public authorities in relation to the proactive publication of information, consultations with the public in the decision-making process and ensuring the publicity of the work of public authorities Underway December 2023

1.4. Establish a framework for increasing the transparency of the application of the Act on the Right to Access Information Underway December 2023

Number and title of activities: 1.1. Strengthen the awareness of NGOs, journalists and citizens on their right to access information Co-leaders: Central State Office for the Development of the Digital Society, academic society, NGOs Implementation indicators: - Research on the level of knowledge and awareness of users on the use of the right to access information on a sample of 500 respondents conducted - Four training sessions held for target groups of users of the right to access information (trainings for journalists and students as part of the continuation of the Right to Access to Information Campaign: I want to know, I want to participate!, - Two briefings per year (green associations, anti-corruption associations in the office of the Information Commissioner) held - Periodic publication of standards of behaviour in exercising the right to access information, based on the decisions of the Information Commissioner and the High Administrative Court of the Republic of Croatia, for the purpose of informing users The baseline value of result indicators: Up until this moment, no research has been conducted on a representative sample (segregated by age, gender, level of education and geographical distribution), briefings have been held for associations that have been identified as the most frequent applicants of requests and petitions to the Information Commissioner, while the remaining activities represent the continuation of the activities started in the Action Plan for the previous period. Source of data and frequency of data collection: - Annual reports on the implementation of the Act on the Right to Access Information Financial resources required (Source of funding and planned resources): Resources are assured from the State Budget, section 25805, Information Commissioner, activity A874001 Administration and management, and they relate to resources for the ordinary activities of the Commissioner's Office. Implementation start date and implementation deadline: Underway – December 2023

Number and title of activities: 1.2. Implement trainings on the right to access information for officials who apply the provisions of the Act on the Right to Access Information in their work Co-leaders: Central State Office for the Development of the Digital Society, State School for Public Administration, State Attorney's Office of the Republic of Croatia, Agency for the Protection of Personal Data Implementation indicators: - Trainings within the basic and advanced modules of the programme the Right to Access to Information via the system of State School for Public Administration held – 4 per year Implementation of education within the programme "Proactive publication of information and open data" through the system of the State School for Public Administration – 2 per year - At least 8 thematic webinars per year held - The annual professional consultation of the information officer held - Development of guidelines on the application of absolute limitations on the right to access information - Development of guidelines on exercising the right to access information in relation to the protection of personal data - Professional revision and amendment of the existing instructions and guidelines of the Information Commissioner The baseline value of result indicators: Trainings in the State School for Public Administration on various segments of the application of the Act on the Right to Access Information are already being held, and given their importance, especially due to the high fluctuation of information officers, as well as conducting thematic webinars, it is proposed as an activity in this Action Plan. The same applies to the annual consultation of the information officer which also acts as a kind of forum for the exchange of experiences and knowledge among information officers. Extent of the implementation of so far is the same as the proposed one. The share of due process of legal authorities should be increased in the next period, as a consequence of the implementation of this activity. Source of data and frequency of data collection: - Annual reports on the implementation of the Act on the Right to Access Information, website of the Information Commissioner Financial resources required (Source of funding and planned resources): Resources are assured from the State Budget, section 25805, Information Commissioner, activity A874001 Administration and management, and they relate to resources for the ordinary activities of the Commissioner's Office and from section 10995 State School for Public Administration, activity A677028 Implementation of professional development and training programmes in the amount of HRK 15,460.00 per year. Implementation start date and implementation deadline: Underway – December 2023 18

Number and title of activities: 1.3. Strengthen the transparency of public authorities in relation to the proactive publication of information, consultations with the public in the decision-making process and ensuring the publicity of the work of public authorities Implementation indicators: - A self-assessment was carried out and a self-assessment document of compliance with the Act on the Right to Access to Information was published on the website for certain groups of bodies, at least 150 public authorities - Analytical monitoring of certain segments of Articles 10, 11 and 12 of the Act of the Right to Access Information implemented, with the development of reports and recommendations for coordinating procedures, at least 100 public authorities - Monitoring of compliance of websites and applications of public authorities with accessibility requirements for persons with disabilities carried out, with the preparation of reports The baseline value of result indicators: Self-assessment of compliance some of the bodies completed as optional, while a systematic self-assessment as an educational tool would directly contribute to the quality of the application of the obligation to proactively publish information, which is a fundamental form of exercising the right to access information. Source of data and frequency of data collection: Annual reports on the implementation of the Act on the Right to Access Information, EC report on digital accessibility, website of the Information Commissioner Financial resources required (Source of funding and planned resources): Resources are assured from the State Budget, section 25805, Information Commissioner, activity A874001 Administration and management, and they relate to resources for the ordinary activities of the Commissioner's Office. Implementation start date and implementation deadline: Underway – December 2023

Number and title of activities: 1.4. Establish a framework for increasing the transparency of the application of the Act on the Right to Access Information Implementation indicators: - Evaluation of the effects of implementing the Act on the Right to Access Information done by independent experts The baseline value of result indicators: Act on the Right to Access Information was adopted in 2013 and amended in 2015, and due to the noticed shortcomings in the efficient application, as an example of good practice in revising the legal framework which is based on facts, it is necessary to conduct a peer evaluation of the application of the Act. Source of data and frequency of data collection: Annual reports on the implementation of the Act on the Right to Access Information, reports and claims for reimbursement of funds for a project financed by the ESF, the website of the Information Commissioner Financial resources required (Source of funding and planned resources): Resources are assured from the State Budget, section 25805, Information Commissioner, activity T874009 Improving the implementation of the Act on the Right to Access Information, in the amount of HRK 195,000.00 in 2022 (fully planned on source 561) and in the amount of HRK 205,000.00 in 2023 (fully planned on source 561). 19 Implementation start date and implementation deadline: Underway – December 2023

Action Plan Review

Commitment 1. Implementing Right to Information

● Verifiable: Yes

● Does it have an open government lens? Yes

● Potential for results: Modest