U-LEAD has launched a new training programme, “Steps for Specialists. Organisation of Access to Public Information in Local Self-Government Bodies”. 50 participating municipalities embarked on learning how to provide access to public information under the law. The Training Programme began with a seminar focused on the principles of access to public information.
Together with Oksana Vashchuk-Ohdanska, U-LEAD’s expert on access to public information, the participants discussed how to uphold the right to access to public information under martial law, who is the processor of public information at the municipal level and how the law “On Access to Public Information” correlate with other laws of Ukraine.
How does the Law on Access to Public Information correlate with the Personal Data Protection Law?
If the inquiry refers to information containing personal data, Part 1 of Article 16 of the Law of Ukraine “On Personal Data Protection” applies. It states that the procedure for third-party access to personal data in the possession of the information processor is regulated by the Law of Ukraine “On Access to Public Information”.
“In other words, if a person inquires about any other persons, the Law “On access to public information” is applied. The local self-government body registers this as an inquiry for information and provides a response. The response depends on whether the requested information is open or restricted. If the inquiry concerns confidential information, apply Article 6 of the Law of Ukraine “On Access to Public Information” and conduct a three-fold test to decide whether you can provide this information,” said Oksana Vashchuk-Ohdanska.
Follow the rule of thumb here: if the inquiry concerns land or property, the information should be made public and accordingly provided upon inquiry without restrictions.
“If a person inquires about themselves, advise them to submit a request for access to personal data. This request is submitted in accordance with the Law ’On the Protection of Personal Data’ and will differ in details from an inquiry for information. According to the same law, the personal data of a person who holds a position in the local government is not confidential,” the speaker added.
However, public information is not always open, and these concepts are not identical in the meaning of the law.
Mykhailo Shelep, Coordinator of the Training Programme and Adviser on Decentralisation and Local Self-Government at the Regional Office of U-LEAD in the Rivne Oblast, summarised:
“Public information has a wider scope than open information. After all, the concept of “public information” includes both open information and information with limited access. The latter can be confidential, classified or for internal use only. Certain information being confidential does not stop it from being public information with restricted access.”
Oksana Vashchuk-Ohdanska clarified cases that are not covered by the Law of Ukraine “On Access to Public Information”:
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Citizen appeals
It does not apply to the procedure of citizen appeals. This includes applications, complaints and requests (basically everything other than inquiries for information). The Law of Ukraine “On Appeals of Citizens” applies to these cases. A separate record must be kept for these.
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Administrative services
If there is a need to provide information or documents that are provided as an administrative service, citizens should submit a request for the provision of an administrative service rather than an inquiry. If a person submits this request while you do not provide administrative services, apply the Law “On Access to Public Information”.
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Archive documents
The Law of Ukraine “On the National Archival Fund and Archival Institutions” defines the procedure for obtaining information from archival documents and their copies. Information held by archival institutions and not contained in archival documents can be accessed in accordance with the Law “On access to Public Information”.
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Attorney’s queries
Lawyers can address attorney’s queries to local self-government bodies. In this case, the Law of Ukraine “On the Bar and Practice of Law” applies. Note that this query must be drafted as prescribed by law and contain appropriate attachments.
As part of the Training Programme, participants will also learn how to consider and provide answers to inquiries for information, release public information on the websites of local self-government bodies, restrict access to public information, as well as about specific aspects of releasing public information as open data.