Access to public information in Bulgaria

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Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. [1]

Contents

Access to Public Information in Bulgaria is a right guaranteed by the 1991 Constitution. It is regulated by the Access to Public Information Act first introduced in 2000 and amended in December 2015. The amendments enhanced proactive disclosure, encouraged electronic requests and facilitate re-use of information, in line with Directive 2013/37/EU on the Re-Use of Public Sector Information.

Background

In 2014, a public consultation on the amendments to be introduced in the access to information legislation was initiated. In the Summer of 2014, a working group was set up at the Ministry of Transport Information Technologies and Communications with the mandate of drafting amendments to the Bulgarian legislation regarding the introduction of the revised Directive 2013/37/EU on the Re-use of Public Sector Information of the European Parliament and the Council of 26 June 2013. The amended Directive enlarged the scope of the re-use of public sector information by including archives, libraries and museums. [2]

The initiative of amending the Bulgarian law on access to public information was also prepared in the framework of drafting and discussing the National Plan under the Open Government Partnership initiative. [2]

In November 2015, the Bulgarian National Assembly adopted amendments to the Access to Public Information Act to enhance proactive disclosure, encourage electronic requests and facilitate re-use of information. [3]

According to Professor Georgi Lozanov, a former member of the Council for Electronic Media, the introduction of the Access to Information Law could help in making more transparent the media sector, in particular media ownership and sources of funds which are largely opaque in Bulgaria. [4]

Constitution

Article 41 of the Bulgarian Constitution of 1991 states that everyone shall be entitled to seek, receive and impart information, provided that this right shall not be exercised to the detriment of national security, public order, public health and morality. Article 41 entitles citizens to obtain information from state bodies and agencies on any matter of legitimate public interest which is not a state or other secret prescribed by law and does not affect the rights of other. [5]

Access to Public Information Act

In Bulgaria access to public information is regulated by the Access to Public Information Act enacted in 2000, and amended in 2008 and 2015. [5] The Law entitles any person or legal entity to the right of access to public information in any form held by state institutions and other entities financed by state budget and exercising public functions. [5]

2015 amendments to the law regulating access to public information

The amended legal framework on access to public information introduced an extended the list of categories of information which are subject to proactive disclosure. Also, amendments introduced an explicit duty to publish any information that have been provided on requests more than three times, along with a broader obligation to publish online information of public interest. [3]

The amendments also aimed at encouraging the submission of electronic requests, which can be sent with no need of electronic signature. [3]

Another novelty concerns the presumption of third-party consent, meaning that if a public authority asks for a third-party consent for the disclosure of requested information affecting it, the lack of response within 14 days will be presumed as consent and the information should be completely provided, Thanks to the amendment, thus, the requested information is not considered, as it was before the amendment, a dissent by the third party which obliged the public body to provide only partial access. [3]

The amendments also introduced the Directive 2013/37/UE, revising the first Directive on the Re-Use of Public Sector Information (2003) which was transposed in 2007 in the access to Public Information Act. In line with the revised directive, the amended law extended the re-use regime by prohibiting any exclusive clauses in giving rights to use whole databases coherently with the Directive provision that obliges any public body in the EU to provide equal availability of such databases on equal conditions and with costs for accessing calculated in transparent way. [3]

The new legal framework adopts a broader definition of the "public law organizations" that are subject to both access to information requests and information re-use. Libraries, museums and archives have been included among the institutions that have to disclose information for re-use. According to the amended law, public sector bodies are obliged to make their documents available in a user-friendly manner and in open and machine-readable format, together with their metadata in a government Open Data Portal. [3]

Main provisions under the Access to Information Law

Under the Bulgarian law on Access to Public Information, all state bodies, including their directorates/regional/local offices/territorial units, etc. are subject to access to information. Also, the law applies to local government authorities, including mayors and municipal councils. Moreover, other entities are subject to the access to information law, in particular all authorities which perform public functions prescribed by the law, named "public law entities", for instance the Electronic Media Council, the National Health Insurance Fund and the like, and individuals and legal entities financed with funds from the state budget or the European Union (both subsidies and EU projects and programmes). [6]

The law applies to any information generated or held by state authorities, local authorities and other entities obliged under the law. The right of access to public information is restricted in case of information:

However, according to the law, even if there is a reason for refusal, information shall be disclosed if there is an overriding public interest which disclosure contributes to enhance. [6]

Information requests may be submitted either orally or in written form. According to the law, each authority is obliged to appoint for its office an official with the responsibility of handling the requests. [6]

In line with international best practices, access to information in Bulgaria is free of charge. Paying a fee can only be required to cover the actual costs of reproducing the document (copies, prints, etc.) [6]

Under the Bulgarian law, in case requesters do not receive the information sought they may appeal to the court. [6] The law does not establish an institution in charge of overseeing the implementation of the law in access to public information. [6]

Access to public information in practice

According to a study conducted by the NGO Access to Information Program (AIP) in 2015, every third institution in Bulgaria does not make public its regulatory acts and half of them do not do this with regard to the general administrative acts. Among the institutions which fail to publish their regulatory acts there are the Ministry of Foreign Affairs and many municipalities. [7]

The study also finds out there is a bit more transparency in relation to the publication of databases and registers. The same holds good for the publication of programs and strategic documents, such as development strategies, and the like. [7]

As for financial transparency, the report acknowledges an improvement since 2013, but still about half of the institutions do not publish their budgets on the Internet as required by the law. [7] A good level of transparency has been registered on disclosure of information for public procurement tenders: 94% of institutions scrutinized by the AIP has a dedicated section on their websites. [7]

The report found out that Bulgarian institutions do not comply with the new requirements of the Access to Public Information Act when it establishes that they are obliged to publish the information that they have provided to citizens more than three times on the grounds of freedom of information applications. [7] According to the AIP survey, only 4% out of 565 institutions scrutinized had complied with this requirement at the time the survey was conducted during 2015. [7] However, almost all institutions, around 97%, complied with the new requirement that introduced electronic applications for freedom of information requests. [7]

The 2015 AIP survey revealed that the Ministry of Education and Science is the most transparent ministry in Bulgaria, while the Ministry of Foreign Affairs is the least transparent. [7]

See also

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Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

<span class="mw-page-title-main">Freedom of Information Act (United States)</span> 1967 US statute regarding access to information held by the US government

The Freedom of Information Act, 5 U.S.C. § 552, is the United States federal freedom of information law that requires the full or partial disclosure of previously unreleased or uncirculated information and documents controlled by the U.S. government, state, or other public authority upon request. The act defines agency records subject to disclosure, outlines mandatory disclosure procedures, and includes nine exemptions that define categories of information not subject to disclosure. The act was intended to make U.S. government agencies' functions more transparent so that the American public could more easily identify problems in government functioning and put pressure on Congress, agency officials, and the president to address them. The FOIA has been changed repeatedly by both the legislative and executive branches.

<i>Access to Information Act</i> Canadian freedom of information act

The Access to Information Act or Information Act is a Canadian Act providing the right of access to information under the control of a federal government institution. As of 2020, the Act allowed "people who pay $5 to request an array of federal files". Paragraph 2. (1) of the Act ("Purpose") declares that government information should be available to the public, but with necessary exceptions to the right of access that should be limited and specific, and that decisions on the disclosure of government information should be reviewed independently of government. Later paragraphs assign responsibility for this review to an Information Commissioner, who reports directly to parliament rather than the government in power. However, the Act provides the commissioner the power only to recommend rather than compel the release of requested information that the commissioner judges to be not subject to any exception specified in the Act.

Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 14% of EU GDP as of 2017, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.

<span class="mw-page-title-main">Open Government Initiative</span>

The Open Government Initiative is an effort by the administration of President of the United States Barack Obama to "[create] an unprecedented level of openness in Government.". The directive starting this initiative was issued on January 20, 2009, Obama's first day in office.

The Transparency Directive, Transparency Obligations Directive or Directive 2004/109/EC is an EU Directive issued in 2004, revising an earlier Directive 2001/34/EC. The Transparency Directive was amended in 2013 by the Transparency Directive Amending Directive.

Proactive disclosure is the act of releasing information before it is requested. In Canada, this refers to an environment where information is released routinely through electronic means with the exception of information that the government is required to protect due to privacy risks. This could refer to information regarding citizens' social insurance numbers or military operations.

<span class="mw-page-title-main">Access to public information in Europe</span>

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Transparency of media ownership refers to the public availability of accurate, comprehensive and up-to-date information about media ownership structures to make possible for media authorities and the wider public to ascertain who effectively owns and controls the media. According to the expert Nelly Ognyanova, lack of transparency in media ownership is one of the major problem in the media system in Bulgaria. In Bulgaria there are specific provisions concerning print, electronic media and broadcast media. The relevant law, in particular the Law on Radio and Television and the Law on Mandatory Deposition of Press and Other Works, requires the submission of data identifying the actual owners of electronic and print media and online registers are available to the public. Also, a law imposing restrictions on offshore companies to acquire shares and assets in different fields including the media sector, entered into force in 2014. In addition, under Bulgarian law, media are obliged to provide information about ownership upon request in conformity with the provisions set forth in the Law on Access to Public Information. Despite the existence of these legal transparency obligations, there are several problems concerning, on one side the application of the rules, on the other, the requirements themselves, which are not enough effective in ensuring the disclosure of the actual owners. Also, legal requirements are constantly circumvented and sanctions usually not applied. Moreover, according to experts, the law should not be limited to obligations concerning the ownership, but expand its scope to examine the origin of funding of media outlets as well. Overall, despite recent legislative changes, some loopholes remain, allowing non-transparency as regards to media ownership and funding and making possible to circumvent the law and conceal who the true owners of the media are. According to expert Ognyanova, there are several ways of circumventing the legal requirements: one example is the case of Krasikir Gergov, a former agent of the Communist-era State Security services and owner of advertising agencies that, while acting in the guise of a “consultant”, actually had a share of the ownership and a contract allowing him to exercise control over the newsroom of a media outlet in Bulgaria. According to Professor Georgi Lozanov, a former member of the Council for Electronic Media, the introduction of the Access to Information Law could help in making more transparent the media sector, in particular media ownership and sources of funds which are largely opaque in Bulgaria. "There is no transparency of media capital whatsoever and one never knows what the real situation is [...]. The introduction of the Access to Information Act [...] represented an attempt at bringing the media to supply information about the sources and funds. Because, if you set up a media outlet and sell a product which is directly related to freedom of speech, it is normal to be able to track the business from the very beginning, thai is, to track the genealogy of the message in the business sense", remarked Professor Lozanov.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.


Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Open by Default, as widely used in the contexts of Open Government and Open Data, is the principle in which government makes its data accessible to the public by default, unless there is a sufficient justification to explain that greater public interest may be at stake, as a result of disclosure. Since the principle empowers the public's right to know and capacity to oversee government activities, it is closely associated with government transparency, civic engagement, and e-governance in organizing public life. In many cases, the principle is accompanied with the technological commitment to create "metadata standardization for all datasets, publication of a machine-readable data catalogue or inventory of both released and to-be released datasets ... (and) use of open licenses."

References

  1. Freedom of Information, UNESCO. Retrieved2016-10-16.
  2. 1 2 Access to public information in Bulgaria 2014 (PDF). Sofia: Access to Information Programme. 2015.
  3. 1 2 3 4 5 6 "Bulgarian Assembly Amends Access to Information Act". Freedominfo.org. Freedominfo.org. The global network of freedom of information advocates. 16 December 2015. Retrieved 8 February 2017.
  4. Petković, Brankica (2004). "Bulgaria". Media Ownership and its Impact on Media Independence and Pluralism (PDF). Ljubljana: Peace Institute, Institute for Contemporary Social and Political Studies. p. 94. ISBN   961-6455-26-5. Archived from the original (PDF) on 2018-12-22. Retrieved 2017-03-17.
  5. 1 2 3 "Bulgaria: Freedom of Information. Overview". Freedominfo.org. Freedominfo.org. The global network of freedom of information advocates. 16 December 2015. Retrieved 8 February 2017.
  6. 1 2 3 4 5 6 "Frequently Asked Questions". Aip-bg.bg. Access to Information Programme. Retrieved 8 February 2017.
  7. 1 2 3 4 5 6 7 8 Yordanova, Tsvetelina (9 February 2017). "Bulgaria: every third institution is not transparent". Balcanicaucaso.org. Osservatorio Balcani Caucaso Transeuropa. Retrieved 9 February 2017.