Implementation of Access to Information Law (MD0075)

Problem description:

The Transparency International report on the implementation of the Open Government Action Plan 2018-2020 has elucidated a number of constraints and shortcomings regarding access to information of public interest at the level of central and local public authorities, state-run enterprises, etc. In this context, recommendations for the next Open Government Action Plan were submitted: a) Ensuring that central public authorities comply with the requirements for web pages, in particular drafting/updating internal regulations on placing information on web pages; placing mandatory information on web pages; ensuring the visibility of the sections for submitting petitions and receiving citizens in audience. b) Preventing the secrecy of public information in the normative acts issued by LPAs, including by training of local elected officials and LPA employees on subjects related to access to information and transparency in decision-making, 7 and monitoring by the Territorial Offices of the SC of any possible violations. c) Ensuring compliance by state-run enterprises with information disclosure requirements: development of enterprise websites, by including a visible Disclosure of Information section; transparency of the work of Boards of Directors; placement by founders on their websites of mandatory information on the work of the administered enterprises. d) Inclusion in the Open Government Action Plan of new commitments relevant to the field, e.g. extending Open Government to the local level. Although Law 982/2000 on access to information has been amended several times over the years, there is evidence that this normative act is conceptually outdated and does not meet international regulations and standards on access to official documents. More seriously, Law 982/2000 contains gaps and loopholes that do not ensure effective respect for the constitutional right of access to information. According to the report “Access to information index: measuring transparency of public institutions in the Republic of Moldova” - prepared by Freedom House - the legislative framework in the field of access to information (Pillar I) was rated with a total score of 55% (22 points out of 40 possible). Such a low assessment of the quality of the provisions of Law 982/2000 was due to the outdated and incomplete nature of the law, as well as to the fact that they did not fit organically into the contemporary legislative and infra-legislative framework. In particular, the following regulatory shortcomings were noted: - inconsistent notions, concepts and wording in relation to the Administrative Code; - restrictive regulations regarding the persons entitled to request official information; - limited number of subjects constituting information providers; - ambiguity and lack of clarity of the legitimate 8 grounds for limiting access to official information, which has led to erroneous and abusive interpretations; - Insufficient regulations on proactive transparency - the catalogue of information to be disseminated ex officio is very limited and broadly described; - excessive and unjustified formalities on how to request and communicate official information, which do not take account of developments in information technology; - incomplete regulations as regards the payments for the provision of information, which gives providers the possibility to impose unjustified and unreasonable charges; - the lack of special provisions on how to examine and settle court cases on challenging infringements of the law, which does not ensure the urgency, efficiency and flexibility of judicial processes; - lack of an efficient mechanism to sanction and to hold information providers accountable for breaches of the legal provisions.

Description of the commitment:

a) what the commitment entails With the adoption of Law No 148/2023 on access to information of public interest, one of the commitments in the Open Government Action Plan 2023-2025 focuses on preparing the implementation of the provisions of the Law and its monitoring. Law No 148/2023 shall enter into force in January 2024 and in order to ensure its proper implementation, a series of measures shall be taken that will increase: citizens’ awareness of the possibilities of exercising the right of access to information of public interest; the level of training of institutions and public servants in ensuring the right of access to information, in accordance with the provisions of the new law. The new law emphasises the proactive transparency obligations of providers of information of public interest, providing an extensive catalogue of information to be published on their official websites. The procedure for access to information on request has been simplified, with clearer rules on the forms of access to information and rules on the imposition 9 of taxes. In addition, the new Law provides for a mechanism for monitoring its implementation, obliging information providers to register requests in a separate register. The aggregated data collected shall be collected and published by the State Chancellery, responsible for monitoring the implementation of the law. Comprehensive actions to inform citizens and all stakeholders on how to exercise their right of access to information of public interest. Aligning information providers and their officials to the requirements of the new law, increasing their accountability towards those requesting access to information. Monitoring the pro-active transparency of information providers (publication on websites of information of public interest, as required by the Law). Establishing mechanisms for monitoring and reporting activities for ensuring access to information of public interest.

b) what are the expected results Implementation of information campaigns. Development of training courses for officials. Adjustment of the official websites of central and local public authorities in line with the requirements of proactive transparency of information of public interest. Registering requests for the release of information of public interest in a separate register, according to the manner and model established by the Government. Increasing the accountability of central and local public authorities in the process of ensuring the right of access to information.

c) major objective Ensuring the exercise and defence of the applicant’s right of access to information of public interest. Establishing the national mechanism for the monitoring and evaluation of ensuring the right of access to information of public interest.

Activities | Responsible PA/Partner | Duration of action | Indicator

1.7.1 Ensuring uniform regulatory rules for proactive transparency and monitoring of the publication of information of public interest on official websites of information providers: | State Chancellery, information providers | 2024

1.7.1.1 Drafting and approval of the Government Decision on the official web pages of public authorities on the Internet network, in accordance with the provisions of Law No. 148/2023 on access to information of public interest | Ministry of Economic Development and Digitisation, State Chancellery | 2023 | GD approved

1.7.1.2 Approval of the standard model (template) and graphic style (design) of the official websites of ministries, other central administrative authorities, as well as public institutions in which they have the capacity of founders and autonomous administrative authorities on the Internet network | State Chancellery | 2024 | Standard model

1.7.1.3 Monitoring the implementation by public authorities of the provisions of the Government Decision on official websites of public authorities on the Internet network | State Chancellery | 2025 | Informative Note published

1.7.1.4 Creation of the database of providers of information of public interest | State Chancellery | 2023 | Database operational

1.7.1.5 Placement on the official Government website of references to the official websites of ministries and other administrative authorities subordinate to the Government | State Chancellery | 2024 | 100% references placed on the official Government website

1.7.2 Development of the model of the register of 11 requests for the release of information of public interest. Establishment of the registration of requests for the release of information of public interest. | Ministry of Justice | 2023 | GD approved

1.7.3 Collection of questions on practical aspects of applying the provisions of Law No 148/2023 (central and local public authorities and institutions, justice authorities, citizens, etc.). | State Chancellery | 2023 | Call for collection of questions conducted, including on the particip.gov.md platform Number of authorities contacted - 80% of information providers

1.7.4 Drafting of the Manual for the application of Law No 148/2023 | Project EU-Moldova Association | 2023 | Manual developed

1.7.5 Holding of the public event dedicated to the entry into force of Law No. 148/2023 and dissemination of information on accessing the Manual for the application of the law | State Chancellery, EUMoldova Association Project | 2024 | Event conducted Number of participants to the event

1.7.6. Training of officials responsible for ensuring access to information in central and local authorities on the application of the new rules on access to information of public interest | State Chancellery, Institute of Public Administration, Civil Society Organisations, EU-Moldova Association Project | 2023- 2024 | 4 training sessions conducted for 80 civil servants from central public authorities and justice sector employees

1.7.7 Updating the online training course for civil servants with the topic “Providing access to information of public interest” (adjusted to the provisions of the new law) and placing it on the MLearn platform Project | Institute of Public Administration, EUMoldova Association | 2024-2025 | Minimum 200 officials trained online annually

1.7.8 Developing the mechanism for requesting and receiving the information needed for preparing the Annual Report, from information providers. | State Chancellery | 2023-2024 | Functional mechanism by category of information providers

1.7.9 Assess the appropriateness of creating an AIS Register of requests for access to information, for all authorities subject to reporting. | State Chancellery, P.I. E-Governance Agency | 2023-2024 | Assessment conducted Where appropriate, identifying resources for development of AIS

1.7.10 Development and publication by the State Chancellery, on its official webpage, of the report on the examination and resolution of requests for the release of information of public interest by public authorities. | State Chancellery | 2025 | Report prepared and published Data collected from 100% of authorities subject to reporting

1.7.11 Awareness raising campaign, at local level, for citizens, for informing on their rights regarding access to information, responsibilities and the importance of active involvement at local level. | Congress of Local Authorities from Moldova, State Chancellery, Partners | 2024-2025

Action Plan Review

Commitment 1. Implementation of Access to Information Law

(State Chancellery, Ministry of Justice)

For a complete description of the commitment, see Commitment 1 in the Republic of Moldova Action Plan 2023-2025.

Context and objectives:

In June 2023, the Republic of Moldova adopted the Law on Access to Information No 148/2023, which replaced Law 982/2000 and reflected the provisions of the Council of Europe Convention on Access to Official Documents (the Tromsø Convention). [1] The law entered into force in January 2024. The State Chancellery proposed this commitment to ensure the law’s effective implementation. [2] The law is an important step in the Republic of Moldova’s EU accession process. It provides an extensive list of information that public institutions must publish on their official websites. [3] The procedure for submitting information requests was simplified, with clearer rules on the forms of access to information and rules on the imposition of fees. The law also obliges information providers to register requests in a separate register. The State Chancellery is responsible for collecting and publishing aggregate data on information requests and responses. Furthermore, the law envisages more streamlined sanctions for non-compliance, removing the internal administrative appeal process and limiting the timeline for judicial reviews to a maximum of three months.

The Republic of Moldova’s 2022 Freedom of Information Index by Freedom House identified systemic shortcomings in access to information, including significant gaps in the legislation and challenges in the practical application of the previous law. It called on the government to promote greater availability of information on the websites of public institutions and enhance external compliance controls through inspections, monitoring of websites, and sanctions on authorities and officials who violate the right to information. [4] The 2023 Freedom of Information Index noted significant progress in the country’s legislative framework around access to information as a result of the new law but also limited understanding of transparency principles among public bodies (especially local authorities and state-run enterprises), which indicates a need for more monitoring, supervision, and awareness raising. [5] Transparency International (TI) Moldova’s 2021 report on OGP implementation found that public authorities and state-run enterprises sometimes failed to respond to information requests on the grounds of personal data protection or secrecy, and rarely place information about their activities on their webpages, as was required by the previous law. [6] The CSO Meter’s 2023 report mentions that information providers often unjustifiably invoke protection of personal data, protection of commercial secrets, or other types of secrecy to deny access to information. [7]

Access to information has been a priority for Moldovan civil society for several years. [8] In line with the IRM’s recommendations, [9] this commitment will ensure the exercise of the right of access to information of public interest and establish a national mechanism for monitoring and evaluating the right of access to information. This commitment is expected to improve government transparency by strengthening the enforcement of the Law on Access to Information. It will also provide public information on implementation of the legal provisions by public authorities based on the monitoring results. In addition, the commitment will promote civic participation by collecting feedback from stakeholders on the implementation of the law.

Potential for results: Substantial

Based on stakeholders’ feedback, the monitoring mechanism envisioned by this commitment will be key to ensure the law’s implementation and to address the issues described above. [10] Although the law calls for the monitoring of responses to information requests, it does not cover monitoring of proactive disclosure of information. The commitment will fill this gap by allowing the State Chancellery to track the implementation of the legal provisions and provide information holders with guidance on the information they need to publish. Furthermore, stakeholders believe that by-law regulations for official webpages will help standardize information on the official websites of information holders and ensure its publication as required by the law. On 26 September 2023, the government adopted Government Decision No. 728/2023 to update the regulatory framework for official websites of public authorities and extend the scope of regulation to social media profiles, redefine the content published on official websites, establish rules to ensure the accessibility of public information, and improve the regulatory framework for cyber security. [11]

In addition, a manual on implementation will provide step-by-step support to public authorities, local governments, and state enterprises in implementing the new legal provisions. [12] The training for public servants and awareness raising for citizens could also improve capacities and understanding of rights and responsibilities related to access to information. Training local administration is particularly important as small communities often lack awareness and capacity to meet their obligations around access to information. 

The commitment has the potential to improve access to information and help the Republic of Moldova comply with the EU accession requirements. It provides a strong framework to guarantee the right to information and improve the scope and quality of the information disclosed to the public. Thus, the IRM assesses the commitment as having substantial potential for results.

Opportunities, challenges, and recommendations during implementation

It will be important to ensure that the State Chancellery has sufficient human and financial resources to implement the activities under this commitment. The EU-funded project “Support for structured policy dialogue, coordination of the implementation of the Association Agreement and enhancement of the legal approximation process” [13] and the and the Council of Europe project “Support for Media Pluralism and Freedom of Expression” [14] are expected to support implementation, particularly the manual, public events, and training. Monitoring and capacity building for authorities in all communities in the country (around 900) might be a challenge. Civil society can play a critical role in supporting the State Chancellery in monitoring and capacity-building activities, particularly at the local level.

The Republic of Moldova could consider the following recommendations:

• Make the online training course mandatory for current civil servants and as part of the onboarding of new civil servants. The State Chancellery and civil society could also promote use of the manual among civil servants, as part of the training.
• Increase the human resources of the State Chancellery to monitor the handling of information requests and the proactive disclosure of information and include monitoring of proactive disclosure in the regulatory acts.
• Provide information in formats that are accessible to the wider public, including underrepresented groups, in line with Government Decision No. 728/2023. Government Decision No. 728/2023 sets out the style, visual concept, and design of official websites of public institutions. At the same time, it provides specific requirements to ensure access to the information on official websites for the public and people with disabilities. During implementation, the State Chancellery could ensure that official websites of public institutions adhere to the principles with this Government Decision. For example, the websites could be adjusted to support the use of visually impaired persons and provide sign language translation for videos. Public institutions could also adopt user-friendly formats for easy search and comprehension of information.
• Create aunified information systemfor registering information requests with automated analysis of data. The commitment calls for assessing the appropriateness of creating an automated information system (AIS) register of requests for access to information, for all authorities subject to reporting. If funds are secured to create such a system, the State Chancellery could design the anticipated register to allow users to filter statistics by state agency, time, region, etc. The system could also serve as a universal platform for submitting information requests to public administration bodies or local governments. For example, the Single Portal for Access to Information Requests in Spain allows users to submit requests and see statistics for requests in real time and provides resources for understanding how access to information works. [15] Armenia’s platform for information requests allows the authors of requests to track the status of their request and receive responses through the platform. [16]
• Proactively disclosedata that is most frequently requested and used by citizens and stakeholders. The State Chancellery could consult data users and civil society on which datasets should be prioritized and the requirements for the quality of information provided. The IRM also recommends applying open data standards, allowing easier use and reuse of the data, following Directive (EU) 2019/1024 on open data. [17] The transposition of this directive is planned for the third quarter of 2025, according to the National Action Plan for the Accession of the Republic of Moldova to the European Union 2024-2027, approved by Government Decision No. 829/2023. ^[18] More ideas on possible reforms to improve access to information can be found in the Open Gov Guide. [19]