Requesters' rights provided for by the Law of Ukraine "On access to public information"

RIGHTS OF INQUIRIES PROVIDED BY THE LAW OF UKRAINE "ON ACCESS TO PUBLIC INFORMATION"

 

Pursuant to Article 10 of the Law of Ukraine ‘On Access to Public Information’ every person has a right to:

1) know what such person’s personal data and for what purposes are gathered, transmitted or distributed during the period of gathering information but prior to the beginning of its use, except for cases provided by the law;

2) access such person’s personal information gathered and stored;

3) demand to correct incorrect, incomplete, out-of-date personal information, to delete personal information which has been gathered, used or stored in violation of law;

4) get information under the court decision regarding other persons if it is required with the purpose of excising and protecting rights and legitimate interests;

5) receive compensation for damages incurred in connection with the disclosure of information about such person in violation of requirements determined by the law.

Pursuant to Article 19 of the Law of Ukraine ‘On access to public information’ the inquirer has a right to apply to the information manager with request for information whether this information refers to such person or not, without explanation of the reason for making such request.

According to the Law of Ukraine ‘On access to public information’ response to the information request must be provided within at least five working days of the date of receipt of such information request. If an essential volume of information is requested or if the requested information has to be retrieved among the huge volume of data, time for processing of the request may be extended to 20 working days of the date of giving reasons for such extension.

Pursuant to Article 23 of the Law of Ukraine ‘On access to public information’ the inquirer has a right  to appeal against:

1) rejection to satisfy information request;

2) postponement in satisfaction of the information request;

3) non-response to the information request;

4) provision of unreliable or incomplete information;

5) untimely provision of information;

6) non-fulfillment by the information manager of responsibility to make public disclosure of the information according to Article 15 of this Law;

7) other decisions, actions or omissions to act by the information manager in violation of legally secured rights and interests of the inquirers.

Pursuant to Article 23 of the Law of Ukraine ‘On access to public information’ decisions, actions or omissions to act by the information manager may be appealed to the head of the information manager, higher authority or to the court.

Appealing decisions, actions or inaction of the information managers to the court is carried out according to the Code of Administrative Procedure of Ukraine.

 

 

REJECTION AND POSTPONEMENT IN SATISFYING REQUEST FOR PUBLIC INFORMATION

 

Pursuant to Article 22 of the Law of Ukraine ‘On access to public information’:

The information manager has a right to reject to provide requested information if:

1) the information manager does not possess and provide according to own competence according to the law to possess requested information;

2) requested information is information with a limited access according to Part II Article 6 of the above specified Law;

3) person who made such information request did not pay actual costs related to copying or printing, as provided by Article 21 of this Law;

4) requirements to the information request have not been met, as provided by Part V Article 19 of this Law.

Response of the information manager, who says that information can be received by the inquirer from public information sources or response, which is off the point, is deemed as illegal rejection to provide such information.

The information manager, who does not possess requested information, but according to the status or nature of own activities is or should be aware of persons who possess such information must send this information request to the appropriate information manager therewith informing the inquirer of the above specified. In this case, the time limit for consideration of the information request starts from the date of receipt of the request by appropriate manager.

Rejection of the information request should contain:

1) surname, name, patronymic name and post of the person responsible for processing of the information request by the information manager;

2) date of rejection;

3) valid rejection reason;

4) appeal procedure against such rejection;

5) signature

 

Rejection of the information request shall be made in a written format. Postponement in satisfying the information request shall be acceptable if the request information can’t be provided for consideration within the deadline provided by this Law under the force majeure circumstances. Decision on postponement shall be informed in a written format to the inquirer explaining the procedure for appeal against the decision made. The decision on postponement of satisfying the information request should contain:

1) surname, name, patronymic name of the person responsible for processing the information request by the owner of the information

2) date of sending or handing out of the postponement notice;

3) reasons in connection thereto the information request can’t be satisfied within the time period provided by this Law;

4) time period within which such information request will be satisfied;

5) signature.