Implementation of the Act on Access to Public Information (APIA) and civic education implemented by the Access to Information Program with the kind assistance of the Netherlands Organization for International Development Cooperation (Novib). 1049/20011 on public access to European Parliament, Council and Commission documents. The experience of using the Act on Access to Public Information in Bulgaria is constantly being enriched.
The adoption of the draft law will provide an opportunity to improve the legal framework of access to information in Bulgaria. Last year, important steps were taken in the legislative regulation of the right of access to information and its limitations. In terms of access to information, some important changes were introduced to the Access to Documents Act of the Former State Security Service.
Changes for Access to the Documents of the Former State Security and the Former Information Service of the General Staff9. 10 Changed Title to Access to Former State Insurance Documents and Ex.
Regulation on the Terms and Conditions for Disclosure of Information Constituting Administrative Secret in the Transactions
The documents and information that constitute an administrative secret are, by a decision of the authority in terms of Art. The adoption of the law was a necessary step towards Bulgaria's accession to the European Union17. 3 of the Privatization Act is the Privatization Agency, the latter makes documents and information public by decision of its Executive Board.
17 The standards of the legal order of the European Union in this regard are laid down in the EC Directive 95/46 (hereinafter: the Directive). Personal data can only be disclosed to a third party if it is stipulated by law or with the consent of the individual. In addition, the definition of the term "personal data" is quite imprecise and therefore its scope is inappropriately expanded.
The overly broad scope of the term "personal data" is clearly contrary to the purpose of the law, declared in Art. 2. 6th paragraph 1 of the Act, the Commission for the Protection of Personal Data is established for the protection of persons in the processing of personal data and access to this information, as well as the supervision of compliance with the law.
Public Internal Financial Control Act (PIFCA) 20
The existing PIFCA raises substantial doubts about the constitutionality of the provisions of Art. Expansion of the scope of officials under APIA by adding the heads of the regional subdivisions of central government authorities;. The new regulation will emerge in the context of the already existing Act on Access to Public Information.
The absence of any requirement that the limitations of the right of access to information be provided by law; Insufficient regulation of the proactive obligation of government authorities, individuals and legal entities to provide access to information compared to the existing Environmental Protection Act; Bills related to the restriction of the right of access to classified information protection information.
55 of 7 July 2000, the Act on Access to Public Information introduced certain obligations of state institutions and regulated the exercise of the citizens' right to access to information. This happened most often in the case of the regional subdivisions of the executive (RSEP). In most cases (60.1%) respondents did not fill in the questionnaire in the presence of the interviewer.
A total of 61.4% of institutions have appointed an official to process requests for access to information. Therefore, stricter regulation of the obligations under APIA would significantly increase the level of competence. The same applies to the level of municipal authorities, where electronic registers of applications under the APIA are kept in 27.4% of cases.
A total of 2.4 % of the institutions imposed fines for delayed granting of access to information. 6.6 % of the institutions31 refused to grant access to information on at least one of the stated grounds. Since only part of the information can be protected on the basis of "state secret", there exists "the right of partial access to information".
The survey findings show that only 16.7% of respondents had received any training in APIA. PROVISION OF ACCESS TO INFORMATION AT THE INITIATIVE OF OFFICIALS UNDER APIA (Art. 14 of APIA).
PROVISION OF ACCESS TO INFORMATION AT THE INITIATIVE OF THE OFFICIALS UNDER APIA (Art. 14 of APIA)
Nevertheless, the AIP database contains some cases of temporary suspension of such newsletters or insufficient information content, but these are exceptions rather than the general rule.
GRANTING OF INFORMATION UPON REQUEST
THE MOST FREQUENTLY SOUGHT INFORMATION BY CITIZENS AND JOURNALISTS
Seeking of Financial Information
There is also great interest in the information from the register of the property of senior civil servants. 40 Center for Independent Living Association versus the refusal of the Minister of Labor and Social Policy (2001); Polina Kireva versus the refusal of the Minister of Environment and Water Affairs (2001). 13 and the consideration of the purpose of the law in making the decision on the refusal.
53 Polina Kireva versus the refusal of the Minister of Environment and aters, Karaivanov versus the Minister of Economy (first case). 280 of 2001 of the 4th division, Supreme Administrative Court Kireva versus the Ministry of Environment and Waters. An appeal was lodged against the tacit refusal of the Ministry to grant access to the requested information.
There are no grounds for refusal, also due to the fact that the session was open to the general public. The defendant objected that the refusal was issued by the Director of the Liquidation and Insolvency Commission. CIL served an access to information application on the Minister of Labor and Social Policy to make available a copy of the Personal Social Worker programme.
A five-member panel of the Supreme Administrative Court ruled that tacit refusals to provide access to information were subject to appeal in court. The plaintiff's arguments are that facts must be relied upon as justification for the refusal. The ministry's tacit refusal was appealed to the Supreme Administrative Court.
The arguments of the appeal were that the decision on the refusal should be given in writing and with reasons. 5736 of 2001 of the 5th Department, Administrative Supreme Court Lazov versus the Ministry of Environment and Water. 6234 of 2001 of the 5th Department, Supreme Administrative Court Karaivanov versus the Public Agency for Internal Financial Control.
The court of first instance dismissed Karaivanov's appeal against the Finance Minister's tacit refusal to grant access to public information. The paper copy of the audit report constituted administrative secrecy according to Art.
