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2007 Assessment

Latvia: Integrity Indicators Scorecard

Latvia: Integrity Scorecard Report > Sub-Category: Public Access to Information
Indicators		Score
12	Do citizens have a legal right of access to information?	67
13	Is the right of access to information effective?	65

Indicator and sub-Indicator Details

Do citizens have a legal right of access to information?

12a: In law, citizens have a right of access to government information and basic government records.

Score:

YES

Comments: Everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express their views.

References: The Constitution of Latvia. Sec.100. [ LINK ] Freedom of Information Law.

12b: In law, citizens have a right of appeal if access to a basic government record is denied.

Score:

YES

Comments: An administrative act issued by an institution or the factual action performed may be disputed or appealed according to the procedures specified in the Administrative Procedure Law.

References: Freedom of Information Law. Sec.15.

12c: In law, there is an established institutional mechanism through which citizens can request government records.

Score:

YES

Comments: Information may be requested at any government or local government institution orally or in writing. There is a uniform procedure for handling such requests. However, no single special mechanism exists for such requests. Most government institutions do not have any dedicated staff or a dedicated internal office for the handling of access to information requests.

References: The Freedom of Information Law. Chapter 3. Provision of Information, Re-use and Protection of the Rights of Applicants for Information.

Is the right of access to information effective?

13a: In practice, citizens receive responses to access to information requests within a reasonable time period.

Score:

100

Comments: In a study carried out by Sabiedriba par atklatibu - Delna (the Latvian chapter of Transparency International), 295 requests for information were submitted to various state and local government institutions. In state administration agencies, the average time of answer to a request of information was close to but not exceeding 15 days, which is the time limit allowed by law. However, for a number of cases, reminders had to be submitted after the initial requests for information. Delays were more common in local government institutions.

References: Austere, L. Informacijas pieejamibas valsts un pasvaldibu iestades "Access to Information in State and Local Government Agencies." Sabiedriba par atklatibu - Delna. 2003. Pp. 8-10. [ LINK ]

Evaluation Report on Latvia. GRECO, 02.07.2004. Pp.8, 12, 13. [ LINK ](2004)4_Latvia_EN.pdf

Compliance Report on Latvia. GRECO, 13.10.2006. Pp.5. [ LINK ](2006)4_Latvia_EN.pdf

13b: In practice, citizens can use the access to information mechanism at a reasonable cost.

Score:

100

Comments: Public institutions tend to charge more for photocopying than it would be a normally cost in the market. Retrieving public information may require a visit to the authority in question. However, in general excessive costs do not appear to be a major obstacle regarding access to information.

Evaluation Report on Latvia. GRECO, 02.07.2004. Pp.8, 12, 13. [ LINK ](2004)4_Latvia_EN.pdf

Compliance Report on Latvia. GRECO, 13.10.2006. Pp.5. [ LINK ](2006)4_Latvia_EN.pdf

13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period.

Score:

100

Comments: Refusals to disclose information/incomplete disclosure can be appealed in the administrative court, according to the general procedure established by the Administrative Procedure Law. In 2006 the average time for the review of a case in the administrative court of first instance was 11.7 months.

References: 2006.gada tiesu darba statistikas analize "Analysis of Court Performance Statistics of Year 2006." Court Administration. P.7. [ LINK ]

Kucs, A. Likuma vara un taisniguma nodrosinasana "The Rule of Law and Provision of Justice" Published in: Rozenvalds, J. (ed.) Cik demokratiska ir Latvija. Demokratijas monitorings 2005-2007. "How Democratic is Latvia. Monitoring of Democracy 2005-2007." Zinatne, 2007. P.22.

Speech of the President of the Supreme Court. "Tiesu sistemai beidzot vajadziga attistibas koncepcija" "The Court System at Last Needs a Vision of Development." 12.05.2006. [ LINK ]

13d: In practice, citizens can resolve appeals to information requests at a reasonable cost.

Score:

100

Comments: Applications to dispute refusals to disclose information, which are submitted to higher-ranking public officials or agencies, are reviewed free of charge.

Applications in a court require payment of fee of approximately US$19. Appeals to a higher court instance require payment of fee of approximately US$9.50.

Because there are no reports or indirect indications of unofficial charges required in the administrative court for filing an appeal, official information on the fees is the only source.

References: Latvijas tiesu portals "Portal of Latvian Courts." Information on expenses in administrative court proceedings. [ LINK ]

Administrative Procedure Law. Sec.18, 124.

13e: In practice, the government gives reasons for denying an information request.

Score:

100

Comments: In cases when public institutions refuse to disclose information, occasionally the institution does not provide any reasoning.

Evaluation Report on Latvia. GRECO, 02.07.2004. Pp.8, 12, 13. [ LINK ](2004)4_Latvia_EN.pdf

Compliance Report on Latvia. GRECO, 13.10.2006. Pp.5. [ LINK ](2006)4_Latvia_EN.pdf