The government has approved a draft law with several amendments to the Law on Access to Information 982/2000 (LAI). If the Parliament passes the amendments the right to access to official information will be negatively affected in the following aspects:
- Information providers can extend the response time to requests for up to 45 days. The existing legal requirement is that an answer is provided in 15 days. This deadline may be extended by a maximum of 5 days if a) the application relates to a very large volume of information requiring its selection; or b) additional consultations are required to satisfy the request. According to the draft law, the head of the institution providing the answer will be able to extend the term by a maximum of 30 days, based on the listed reasons. The cumulative 45-day time limit exceeds reasonable limits set by the Tromsø Convention (entered into force in December 2020), which provides that request for access to an official document shall be dealt with promptly and the decisions shall be executed as soon as possible or within a reasonable time.
- Information providers will no longer be able to forward requests for information. The LAI provides that the request may be redirected to another provider when the requested data is not in the possession of the notified provider or "if there is another provider that would more fully satisfy the request". The amendments repeal the possibility of redirecting the application.
- The applicant might have to meet a higher number of requirements for the request for access. The Law on Access to Information sets out three requirements for the request for access: (i) applicant's identification data, (ii) sufficient details to identify the information and (iii) the acceptable way of receiving it. The draft law adds more requirements provided by the Administrative Code: (iV) the name of the public authority, (v) the reason of the petition and (vi) the signature. The LAI and the Tromsø Convention exclude the obligation to give reasons for having access to the official document. The requirement of the signature could create impediments, as electronic requests can only be made with an electronic signature, which would be a burden for many people.
- The appeal procedure to the issuing body becomes mandatory before it reaches the court. This is contrary to current legal provisions which allow the applicant to alternatively appeal the information provider directly in the administrative court or to appeal the manager or the higher hierarchical body of the provider.
Adequate access to information is a basic condition for participatory decision-making processes in democratic governance
The right of access to information is not fully respected in the Republic of Moldova. Many authorities do not fulfil their obligations by invoking procedural tricks, ignoring requests or denying access by erroneously invoking the protection of personal data or state and commercial secrets.
Access to information was the subject of legislative amendment proposals coming from CSOs and media experts, which have been ignored by decision-makers. Instead, the current draft law creates even more confusion and possibilities to avoid the observance of the right of access to information by providers. Specialised CSOs (Independent Journalism Centre and CPR Moldova) have published critical opinions on the approved draft and have warned that the proposed amendments would worsen the right to access to information. The legal framework needs to be aligned to the international standards of transparency and access to information, this should be done in a participatory manner excluding provisions that generate uneven or erroneous interpretations.