Commissioner for Information of Public Importance and Personal Data Protection estimates that it is necessary for all authorities and holders of public offices to respect public rights in a manner that would be in accordance with the constitutional and legal guarantees of these rights. The Commissioner reminds that Article 51, of the Constitution, provides that everyone has the right to information access held by the state bodies, in accordance with the law, and that the Law on Free Access to Information of Public Importance regulates the manner of exercising that right.
The Commissioner reminds that the right to information free access is not only a useful "tool" for investigative journalism, but much more than that, a useful mechanism for the public democratic control of the authorities and potentially an effective tool in the fight against corruption. It is especially important that this is the right of each and every citizen. Accordingly, it is indisputable that the authorities are obliged to provide to the citizens, or the public, the information that emerge during, or in connection with their work. They can and should do so without any special request, simply publishing them on a proactive basis, and they are also obliged to do so on the basis of formal requests lodged by citizens, journalists and the media.
It is understood that government authorities may limit the exercise of this right, but only under the conditions provided for by the law, and in accordance with the procedure provided thereof. Resolutions that they must make, while adhering to the law, are subject to the Commissioner’s inspection, and in the case of six bodies which are exempted from the jurisdiction of the Commissioner, those shall be subject to Court’s inspection. I addition, the Commissioner’s resolution, limiting the exercise of the rights of the public, shall also be subject to Court’s inspection.
Any other restrictions or disputes on information access are neither legal nor legitimate.
In this regard, the Commissioner reminds that the Law on Information Free Access guarantees the right to information access to everyone, regardless of her/his personal status or social position. The Act also provides that the Applicant has no obligation to prove or explain the respective interest, reason or motive for which an information is requested. In this context, for anyone to respond by accusations or insinuations against the Applicant, i.e. her/his motives, is not acceptable and it is, at least indirectly, an attack on citizen rights.
