Implementation of Access to Information Law (MD0075)

Problem description:

The Transparency International report on the implementation of the Open Government Action Plan 2018-2020 has elucidated a number of constraints and shortcomings regarding access to information of public interest at the level of central and local public authorities, state-run enterprises, etc. In this context, recommendations for the next Open Government Action Plan were submitted: a) Ensuring that central public authorities comply with the requirements for web pages, in particular drafting/updating internal regulations on placing information on web pages; placing mandatory information on web pages; ensuring the visibility of the sections for submitting petitions and receiving citizens in audience. b) Preventing the secrecy of public information in the normative acts issued by LPAs, including by training of local elected officials and LPA employees on subjects related to access to information and transparency in decision-making, 7 and monitoring by the Territorial Offices of the SC of any possible violations. c) Ensuring compliance by state-run enterprises with information disclosure requirements: development of enterprise websites, by including a visible Disclosure of Information section; transparency of the work of Boards of Directors; placement by founders on their websites of mandatory information on the work of the administered enterprises. d) Inclusion in the Open Government Action Plan of new commitments relevant to the field, e.g. extending Open Government to the local level. Although Law 982/2000 on access to information has been amended several times over the years, there is evidence that this normative act is conceptually outdated and does not meet international regulations and standards on access to official documents. More seriously, Law 982/2000 contains gaps and loopholes that do not ensure effective respect for the constitutional right of access to information. According to the report “Access to information index: measuring transparency of public institutions in the Republic of Moldova” - prepared by Freedom House - the legislative framework in the field of access to information (Pillar I) was rated with a total score of 55% (22 points out of 40 possible). Such a low assessment of the quality of the provisions of Law 982/2000 was due to the outdated and incomplete nature of the law, as well as to the fact that they did not fit organically into the contemporary legislative and infra-legislative framework. In particular, the following regulatory shortcomings were noted: - inconsistent notions, concepts and wording in relation to the Administrative Code; - restrictive regulations regarding the persons entitled to request official information; - limited number of subjects constituting information providers; - ambiguity and lack of clarity of the legitimate 8 grounds for limiting access to official information, which has led to erroneous and abusive interpretations; - Insufficient regulations on proactive transparency - the catalogue of information to be disseminated ex officio is very limited and broadly described; - excessive and unjustified formalities on how to request and communicate official information, which do not take account of developments in information technology; - incomplete regulations as regards the payments for the provision of information, which gives providers the possibility to impose unjustified and unreasonable charges; - the lack of special provisions on how to examine and settle court cases on challenging infringements of the law, which does not ensure the urgency, efficiency and flexibility of judicial processes; - lack of an efficient mechanism to sanction and to hold information providers accountable for breaches of the legal provisions.

Description of the commitment:

a) what the commitment entails With the adoption of Law No 148/2023 on access to information of public interest, one of the commitments in the Open Government Action Plan 2023-2025 focuses on preparing the implementation of the provisions of the Law and its monitoring. Law No 148/2023 shall enter into force in January 2024 and in order to ensure its proper implementation, a series of measures shall be taken that will increase: citizens’ awareness of the possibilities of exercising the right of access to information of public interest; the level of training of institutions and public servants in ensuring the right of access to information, in accordance with the provisions of the new law. The new law emphasises the proactive transparency obligations of providers of information of public interest, providing an extensive catalogue of information to be published on their official websites. The procedure for access to information on request has been simplified, with clearer rules on the forms of access to information and rules on the imposition 9 of taxes. In addition, the new Law provides for a mechanism for monitoring its implementation, obliging information providers to register requests in a separate register. The aggregated data collected shall be collected and published by the State Chancellery, responsible for monitoring the implementation of the law. Comprehensive actions to inform citizens and all stakeholders on how to exercise their right of access to information of public interest. Aligning information providers and their officials to the requirements of the new law, increasing their accountability towards those requesting access to information. Monitoring the pro-active transparency of information providers (publication on websites of information of public interest, as required by the Law). Establishing mechanisms for monitoring and reporting activities for ensuring access to information of public interest.

b) what are the expected results Implementation of information campaigns. Development of training courses for officials. Adjustment of the official websites of central and local public authorities in line with the requirements of proactive transparency of information of public interest. Registering requests for the release of information of public interest in a separate register, according to the manner and model established by the Government. Increasing the accountability of central and local public authorities in the process of ensuring the right of access to information.

c) major objective Ensuring the exercise and defence of the applicant’s right of access to information of public interest. Establishing the national mechanism for the monitoring and evaluation of ensuring the right of access to information of public interest.

Activities | Responsible PA/Partner | Duration of action | Indicator

1.7.1 Ensuring uniform regulatory rules for proactive transparency and monitoring of the publication of information of public interest on official websites of information providers: | State Chancellery, information providers | 2024

1.7.1.1 Drafting and approval of the Government Decision on the official web pages of public authorities on the Internet network, in accordance with the provisions of Law No. 148/2023 on access to information of public interest | Ministry of Economic Development and Digitisation, State Chancellery | 2023 | GD approved

1.7.1.2 Approval of the standard model (template) and graphic style (design) of the official websites of ministries, other central administrative authorities, as well as public institutions in which they have the capacity of founders and autonomous administrative authorities on the Internet network | State Chancellery | 2024 | Standard model

1.7.1.3 Monitoring the implementation by public authorities of the provisions of the Government Decision on official websites of public authorities on the Internet network | State Chancellery | 2025 | Informative Note published

1.7.1.4 Creation of the database of providers of information of public interest | State Chancellery | 2023 | Database operational

1.7.1.5 Placement on the official Government website of references to the official websites of ministries and other administrative authorities subordinate to the Government | State Chancellery | 2024 | 100% references placed on the official Government website

1.7.2 Development of the model of the register of 11 requests for the release of information of public interest. Establishment of the registration of requests for the release of information of public interest. | Ministry of Justice | 2023 | GD approved

1.7.3 Collection of questions on practical aspects of applying the provisions of Law No 148/2023 (central and local public authorities and institutions, justice authorities, citizens, etc.). | State Chancellery | 2023 | Call for collection of questions conducted, including on the particip.gov.md platform Number of authorities contacted - 80% of information providers

1.7.4 Drafting of the Manual for the application of Law No 148/2023 | Project EU-Moldova Association | 2023 | Manual developed

1.7.5 Holding of the public event dedicated to the entry into force of Law No. 148/2023 and dissemination of information on accessing the Manual for the application of the law | State Chancellery, EUMoldova Association Project | 2024 | Event conducted Number of participants to the event

1.7.6. Training of officials responsible for ensuring access to information in central and local authorities on the application of the new rules on access to information of public interest | State Chancellery, Institute of Public Administration, Civil Society Organisations, EU-Moldova Association Project | 2023- 2024 | 4 training sessions conducted for 80 civil servants from central public authorities and justice sector employees

1.7.7 Updating the online training course for civil servants with the topic “Providing access to information of public interest” (adjusted to the provisions of the new law) and placing it on the MLearn platform Project | Institute of Public Administration, EUMoldova Association | 2024-2025 | Minimum 200 officials trained online annually

1.7.8 Developing the mechanism for requesting and receiving the information needed for preparing the Annual Report, from information providers. | State Chancellery | 2023-2024 | Functional mechanism by category of information providers

1.7.9 Assess the appropriateness of creating an AIS Register of requests for access to information, for all authorities subject to reporting. | State Chancellery, P.I. E-Governance Agency | 2023-2024 | Assessment conducted Where appropriate, identifying resources for development of AIS

1.7.10 Development and publication by the State Chancellery, on its official webpage, of the report on the examination and resolution of requests for the release of information of public interest by public authorities. | State Chancellery | 2025 | Report prepared and published Data collected from 100% of authorities subject to reporting

1.7.11 Awareness raising campaign, at local level, for citizens, for informing on their rights regarding access to information, responsibilities and the importance of active involvement at local level. | Congress of Local Authorities from Moldova, State Chancellery, Partners | 2024-2025