Bulgaria
Name of law: Access to Public Information Act
First adopted: 2000
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2000
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Bulgaria’s right to information law is of medium quality, with a number of gaps in the legislative scheme. As a result of the law’s extremely comprehensive scope, the legislation obtained a perfect score for that category. However, its regime of exceptions does not conform with international standards in a number of key areas, including exceptions which are not in line with international standards, such as “moral standards”, the absence of a harm test for some exceptions, and a public interest override which only applies to administrative information. An even more substantial weakness of the law is that it does not provide for an appeal to an independent administrative body, with the only option being a general appeal to the ombudsman or the administrative courts. There are also no protections for good faith disclosures and a relatively limited number of promotional measures.
Local Expert: Alexander Kashumov
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 30 | 30 |
| 3 | Requesting Procedures | 23 | 30 |
| 4 | Exceptions & Refusal | 20 | 30 |
| 5 | Appeals | 3 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 8 | 16 |
| ∑ = 92 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | Article 41 of the Bulgarian Constitution of 1991 states: "(1) Everyone shall be entitled to seek, receive and impart information. This right shall not be exercised to the detriment of the rights and reputation of others, or to the detriment of national security, public order, public health and morality. (2) Everyone shall be entitled to obtain information from state bodies and agencies on any matter of legitimate interest to them which is not a state or official secret and does not affect the rights of others." | Requires a "legitimate interest" in the information. Link to the Constitution of Bulgaria (English version) can be found here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 2. Within the meaning of this act, public information shall be any information relating to the social life in the Republic of Bulgaria, and giving opportunity to the citizens to form their own opinion on the activities of the persons having obligations under this act. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | Partially | 1 | 2. Within the meaning of this act, public information shall be any information relating to the social life in the Republic of Bulgaria, and giving opportunity to the citizens to form their own opinion on the activities of the persons having obligations under this act. | 3.1 In constitutional court decision N0 7 of 4 June 1996 on case N0 1 of 1996 it is stated that the right to information shall be interpreted broad and the restrictions narrowly. So check the score. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 4(1) Any citizen of the Republic of Bulgaria is entitled to access to public information subject to the conditions and the procedure set forth in this act, unless another act provides for a special procedure to seek, receive and impart such information. (2) Foreign citizens and individuals with no citizenship shall enjoy the right under sub-art. 1 in the Republic of Bulgaria. (3) Legal entities shall enjoy the right under sub-art. 1 too. | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 2(2) The information under sub-article 1 shall be deemed public irrespective of the kind of its physical bearer. (3) (New, SG No. 49/2007) Public sector information shall be any kind of information materialized on paper, electronic or other carrier, including if it was held as audio or video record, and collected or generated by a public sector organization. 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 2(3) Public sector information shall be any kind of information materialized on paper, electronic or other carrier, including if it was held as audio or video record, and collected or generated by a public sector organization. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. (4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates." | The art. 3 clarifies that all state bodies are under the scope. Also bodies, subject to the public law, the individual and legal entities are financed with public funds. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law [...]. | The art. 3 clarifies that all the state bodies are under the scope. So these bodies are included. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies".(4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates. | The art. 3 clarifies that all state bodies are under the scope. So these bodies are included. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 3(1) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. | The art. 3 clarifies that the individual and legal entities financed with public funds are included under the scope. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 3(1) (Amended SG No. 104/2008) This act shall apply to access to public information that is created by or kept with the state bodies, their regional offices, and the local self-governance bodies of the Republic of Bulgaria, hereinafter referred to as "the bodies". (2) (Amended SG No. 104/2008) This act shall also apply to the access to public information, which is created by and kept with: 1. bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; 2. individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. (4) (New, SG No. 49/2007) A public sector organization is any state body, local self-government body, public law organization, as well as their subordinates. | The art. 3 clarifies that all state bodies are under the scope. So these bodies are included. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 3. This act shall also apply to the access to public information, which is created by and kept with: (1) bodies, subject to the public law, other than those under sub-art. 1, including public law organizations; (2) individuals and legal entities as far as only their activities financed with funds from the consolidated state budget, subsidies from the European Union funds or allocated through EU projects and programs, are concerned. | The art. 3 clarifies that all state bodies are under the scope. Also bodies, subject to the public law (which has a public function), the individual and legal entities are financed with public funds. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 25(1) The application for access to public information shall contain: 1. full name, or respectively the business name and the seat of the applicant; 2. description of the information requested; 3. the preferred form of access to the requested information; 4. the address for correspondence with the applicant | The law does not require providing reasons for requests and has always been interpreted as not requiring reasons for requests. But it would be better if it explicitly stated that reasons were not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 25(1) The application for access to public information shall contain: 1. full name, or respectively the business name and the seat of the applicant; 2. description of the information requested; 3. the preferred form of access to the requested information; 4. the address for correspondence with the applicant.<...> | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 24(1) The request for granting access to public information shall be made in the form of a written application or verbal request. (2) The application is deemed written also in cases where it is send electronically subject to conditions determined by the respective body. (3) Where the applicant is not granted access to public information requested in oral form, or he/she considers the disclosed public information insufficient, he/she may file a written application. | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | 24(1) The request for granting access to public information shall be made in the form of a written application or verbal request. (2) The application is deemed written also in cases where it is send electronically subject to conditions determined by the respective body. (3) Where the applicant is not granted access to public information requested in oral form, or he/she considers the disclosed public information insufficient, he/she may file a written application. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | 26(4) Persons with impaired sight, hearing or speech are entitled to request access in a form that corresponds to their ability to communicate. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | YES | 2 | 32(1) When the body does not have the requested information, but is aware of its location, it shall re-sent the application within 14 days as of receipt of the application and shall notify the applicant of the re-sending. The notification must always specify the name and the address of the respective agency or legal entity. (2) In the case described in sub-art. 1, the time period set in art. 28, sub-art. 1, shall start running as of the receipt of the re-sent application. | |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 25(1) The application for access to public information shall contain: 3. the preferred form of access to the requested information, <...>. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 28(1) Each application for access to public information shall be considered within the shortest possible time, but not later that 14 days as of date of registration. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 28(1) Each application for access to public information shall be considered within the shortest possible time, but not later that 14 days as of date of registration. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 30(1) The time period set in art. 28, sub-art. 1 may be extended with no more than 10 days, where the requested information as specified in the application is substantial in volume and additional time for it's preparation is needed. (2) The notification under art. 29, sub-art. 1 should state the reasons for the extension of the term in which the access to the public information shall be granted. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 20(1) The access to public information shall be free of charge. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 20(2) The expenses incurred for granting access to public information shall be recovered in accordance with tariffs determined by the Minister of Finance, and shall not exceed the actual costs incurred. (3) A justification of the expenses under art. 2 shall be made to the applicant upon his/her request. | There is no mention of anything about optional fees or at least 20 pages free of charge. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | 2a.(New, SG No. 49/2007) (1) Re-use of public sector information shall be the use of information for commercial or non-commercial purposes, different from the initial purpose for which the information has been generated within the authorities or functions of the public sector organization. (2) Provision of public sector information to an organization from the public sector in relation to the exercise of its powers or functions shall not be re-use within the meaning of this act. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | YES | 4 | N/A | According to the same constitutional court decision No 7 of 1996 the right to information takes priority to restrictions (should be regarded as a principle to exceptions). |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 5. (Amended – SG No. 49/2007) The right of access to public information and the right of re-use of public sector information may not be exercised against others' rights and reputation, as well as against the national security, public order, national health and the moral standards. 8. (Amended – SG No. 49/2007) Provisions of this act related to access to public information shall not apply to information, which is: 1. obtainable in the course of provision of administrative services to citizens and legal entities; 2. (Amended, SG No. 57/2007) kept with the National archives of the Republic of Bulgaria. 13 (2) Access to administrative public information may be restricted, if it: 1. relates to the preparatory work of an act of the bodies, and has no significance in itself (opinions and recommendations prepared by or for the body, reports and consultations); | Only 2 accepted exceptions in the article 5; National security and public health and prosecution. It lost the rest of the scores because the exemption from the scope of the act in the article 8 (2 point lost) and others about the access to administrative public information in the article 13.2 (2 point lost). |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 1 | N/A | There is only harm test for these exceptions. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 13(4) (New, SG No. 104/2008) Access to administrative public information shall not be restricted when there is overriding public interest in the disclosure. | Only applies to administrative information, does not apply to the other exceptions. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 13(3) (Amended, SG No. 45/2002) The restrictions under sub-art. 2 shall not apply after a period of 2 years as form the creation of such information. | Apart from APIA, there are time limits set forth in other law for the exception of national security (protected by state secrets) and official secrets. Time limits are 6 months, 5, 15 or 30 years (only the last one exceeds 20 years, this is in the case of "top secret" classification). |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 31(1) The time period set in art. 28, sub-art. 1 may be extended with not more than 14 days also where the requested information is a matter of concern to a third party and his/her consent is needed for its disclosure. (2) In the cases under sub.art. 1, the respective body shall seek the explicit written consent of the third party within 7 days as from the registration of the application under art. 24. (3) When it takes the decision under art. 28, sub-art. 2, the respective body shall be obliged to comply strictly with the conditions under which the third party has consented to the disclosure of the information that concerns him/her. (4) (Amended, SG No. 104/2008) In the absence of consent by the third party within the term specified in sub-art. 1 or in case of explicit refusal by the third party to give its consent, the respective body shall disclose the requested public information in scope and in a manner so as not to disclose the information concerning the third party. (5) (Amended, SG No. 104/2008) The consent of the third party is not required when it is a responsible person and the information concerned is a public information under this act, as well as in case there is overriding public interest in its disclosure. | According to Art.31 of AIPA third parties should be consulted in all cases if their rights are affected and they are not subjects to APIA themselves. This applies also to information provided by them. They may order veto, but it is subject to overriding public interest test. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 37(1) Grounds for refusal to grant access to public information is in place where: 1. the information requested is classified information or other protected information in cases prescribed by the law, as well as in cases described in art. 13, sub-art. 2; 2. the access is of a nature to affect third party's interests and the third party did not give its explicit written consent for the disclosure of the requested public information, unless there is overriding public interest; 3. access to the requested public information was provided to the applicant within the preceding six months. (2) In the cases described in sub-art. 1, partial access shall be granted to such parts of the information, access to which is not restricted. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 38. A decision refusing access to public information shall state the legal and factual grounds for the refusal under this act, the date of the decision and the procedure for its appeal. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | Partially | 1 | N/A | There is no information about commission under APIA, but requesters may address the general ombudsman or the administrative courts. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 40(1) The decisions for granting access to public information or for refusals to grant access to public information may be appealed before the administrative courts or before the Supreme Administrative Court depending on the body, which issued the decision, under the provisions of the Administrative Procedure Code. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 42. (Amended, SG No. 49/2007) (1) If not subject to a harsher penalty, a civil servant who failed to respond within the specified time limits to a request for access to public information without exculpatory reason, shall be fined between 50 and 100 leva. | The sanction is about the behaviour in opposite to grant access to public information not about the destruction of documents. But I understand it is included under the sanction scope. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | YES | 2 | 42. (Amended, SG No. 49/2007) (1) If not subject to a harsher penalty, a civil servant who failed to respond within the specified time limits to a request for access to public information without exculpatory reason, shall be fined between 50 and 100 leva. (2) If not subject to a harsher penalty, a civil servant who did not follow a court order to grant access to public information shall be fined between 200 and 2000 leva. (3) Any failure to meet the obligations under art. 31, sub-art. 3 shall be punished with a fine between 50 and 100 leva for physical persons or between 100 and 200 leva for legal entities. (4) For failure to provide access to public information by the persons described in art. 3 sub-art. 2, the punishment shall be a fine between 100 and 200 leva. | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 15.a Information under Art. 15 shall be published on the Internet sites of the administrative structures within the system of the executive power. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | There is a system of document management. It is not in APIA. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | N/A | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | YES | 2 | 9. of the Transitional Provisions to APIA assign heads of public authorities to be responsible for trainings. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | 16. (Amended, SG No. 77/2010) (1) The summary of the reports on the obliged bodies and their administrations, containing the information under art. 15., as well as other information related to the implementation of this act, shall be part of the Report of the State of the Administration which is adopted by the Council of Ministers. (2) The summary under Paragraph 1 shall be published annually on the web site of the Council of Ministers. This information shall be made available in every administration for review by the citizens. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A |
