| Moldova: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 30 |
Indicator and sub-Indicator Details
| 12 | 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. | ||||||||
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Comments: By law, a regulatory framework to access information of public use is provided. References: Law on Access to Information (No.982-XIV of 4.05.2000)
Peer Review Comments: However, officials are using formal answers when dealing with requests for access to information, so the result is similarly the same as in the cases when requests were being refused. The Law is good, but poorly implemented.
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: By law, any citizen may appeal to search, to apply, to receive and get informed on information of public use (art.4). This right can be limited only in specific cases, which are clearly stipulated by the law, in accordance with the international law and practices. Citizens may apply in conformity with the Law on Access to Information to receive in not more than 15 days a reply to their requested information, and if they are not satisfied with that, they may challenge the authorities' actions or inaction in justice, and expect that a judicial decision will redress their situation. In accordance with the law on petitions, citizens may notify the public authorities in writing, with the aim to receive a written reply from the competent authorities in no more than 30 days after the receipt of the petition; afterwards, if the petitioner is not satisfied with the answer received from a competent authority, he/she may appeal to justice. References: Law on the Access to Information (No.982-XIV of 11.05.2000) Law on Public Notifications/Petitions (No.190-XIII of 19.07.1994)
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: Any document processed by governmental or public agencies can be requested, in accordance with the specified procedures, in which the applicants shall identify exactly the nature of the documents/acts, and the way in which the request is made. If applicants are not satisfied with how their requests have been addressed, they can challenge their actions or inactions in a court of justice. References: Law on Access to Information (No.982-XIV of 4.05.2000)
Peer Review Comments: Although the legislation does provide for the mechanism that enables citizens to request government records, in practice, the period to fulfil a request varies from one institution to another. Officials explain that this is due to the nature of request, nature of institution, burden of work, availability of staff etc. Under some aspects, the law is confused in this subject. For example, Article 37(4) of the Broadcasting Code says that the Broadcasting Coordinating Council investigates any request or complaint [...] within 15 days, but it is not clear whether the investigation begins or completes within this term.
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: As a specialized agency to monitor access to information rights, the Acces Info has presented a fully-fledged documented evidence on how the right to public information is met and addressed by the authorities, via an investigation that included almost all public organizations in Moldova. Only since Feb. 24, 2006, Parliament started to post on its institutional site records of the plenary sittings of the Parliament. References: Access Info Association: 'Access to information. Regulations, Commentaries, Cases' www.acces-info.org.md
Peer Review Comments: Additional sources: "Trampled underfoot" and "Agonies of the press" on www.investigatii.md
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: According to the law (art.20), the fees to be paid are stipulated by the internal regulations of the state agencies where the information is requested. Therefore, there is no single-cut procedure, setting the maximum or minimum levels of taxes for this kind of services. The same article stipulates that the maximum level of these fees will not exceed the total quantum of expenditures for copying, mailing or translating the requested materials, in order to keep into reasonable ratio the fees required by the agencies. In fact, it is not the high-cost of fees that make the access to public information difficult, but particularly the often disregarded terms for the provision of requested information, lack of experienced staff to communicate with the public, as well as slow reaction of the judiciary in addressing the concerns raised by citizens. References: Vasile Spinei, director of the Acces Info Association (5.07.2007)
Peer Review Comments: Generally, the law says the size of the fee is equal to printing/copy/translation + paper costs, except for analytical and statistical reports (Art.20(3)). In practice, there is a very low public awareness regarding the costs for the release of information of general public interest. And this shortage of knowledge is used sometimes by public officials to milk citizens out of money. However, I would rate this sub-Indicator less dramatic.
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: There are important discussions concerning the adequate regulatory framework to define what is 'state secret' and 'commercial secret', as these terms are continuously used by the state officials to deny requests of receiving access to information from citizens. Harmonization of the Law on Access to Information is contradicted by severral laws and regulations, such as: art.316 of the Criminal Procedural Code (no.122 of 14.03.2003) and the Law on the Organization of the Judiciary (art.14 - No.514-XIII of 06.07.95), etc. References: Vasile Spinei (Acces - Info Association), 17.07.2007
Peer Review Comments: The right name is Access-Info Centre. Court officials admit serious delays when dealing with access to information cases. There are three layers in Moldovan judiciary that have to be passed in order to obtain a final decision. Often, this means 1,5 - 2 years of hassle.
Peer Review Comments: Yes, completely agree. Everything is a state secret for these guys!
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: Citizens shall follow the procedures set up in each state/public institution separately. Usually, the procedures for requesting and receiving any information differ greatly among organizations, therefore citizens shall stay for days/hours in line to be received in audience, and only after clerifying 'how the things are going' there, one may get to the right idea about how to apply to the respective institution. Most of the state agencies and regulatory agencies have established their websites, although they have limited interactive interfaces, which would allow citizens to speed up their procedures and requests, while particularly the most wanted information is kept outside of the website content, serving the bureaucracy to keep its leverages of influence, and civil society activists at low profile. References: Law on Access to Information (No.982 - XIV of 11.05.2000) Law on Petitions (No.180-XIII of 19.07.1994)
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: The government officials may reject applications from citizens if they consider that the requests contradict the provisions of the Law on State Secret or the Law on State Security. There were not penalties imposed on public officials that have denied access to information to citizens requesting officially, therefore civil activists are quite skeptical at this point. It is believed that the progress is slowed down because the civil servants are unprepared and/or fear to lose their jobs in case they will provide 'unnecessary' information to the public, as well as because of the lack of civic education among citizens. References: Law on Access to Information (No.982-XIV of 11.05.2000) Law on State Secret (No.106-XIII of 17.05.1994) - Monitorul Oficial No.2/5 of 25.08.1994 Law on State Security (No.618-XIII of 31.10.1995) - Monitorul Oficial No.10.11/117 of 13.02.1997 Law on the Structures of State Security (No.619-XIII of 31.10.1995) - Monitorul Oficial, no.10/11/115, of 13.02.1997
Peer Review Comments: "State secret" is the most used reason.
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