Romania
Name of law: Law on Free Access to Public Information
First adopted: 2001
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 2001
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Due to a combination of strengths and weaknesses, Romania’s right to information law is relatively average when assessed globally. The RTI law has a near-perfect scope in terms of its application to public authorities, as there have been no exceptions recognized within the law for any of the three branches. The law is also rather strong in how it sets out its initial requesting procedure, as it includes clear timelines and transparent rules relating to access fees. However, the law performs substantially worse in other key categories. Most notably, there is no independent oversight body provided for within the legislation, so there is no statute-provided route for an external appeal. Additional weaknesses lie within the law’s exception regime, which is not harm-tested, not subject to a public interest override, or trumps other regulation with any consistency.
The law is also available in its Romanian original here.
Local Experts: Ioana Advani, Codru Vrabie
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 5 | 6 |
| 2 | Scope | 29 | 30 |
| 3 | Requesting Procedures | 17 | 30 |
| 4 | Exceptions & Refusal | 13 | 30 |
| 5 | Appeals | 6 | 30 |
| 6 | Sanctions & Protections | 6 | 8 |
| 7 | Promotional Measures | 9 | 16 |
| ∑ = 85 | ∑ = 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 | YES | 2 | Chapter II, Article 31: (Right to information): A person's right of access to any information of public interest shall not be restricted. The public authorities, according to their competence, shall be bound to provide correct information to the citizens in public affairs and matters of personal interest. The right to information shall not be prejudicial to the measures of protection of young people or national security. | Authorities obliged to provide correct information but could be clearer that there is a right to information held by public authorities, but benefit of doubt given. Constitution of Romania is available in English 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 | Article 1: "The free and unrestricted access of the person to any information of public interest, defined by this law, is one of the fundamental principles of the relations between persons and public authorities, in accordance with the Romanian Constitution and international documents ratified by the Romanian Parliament." | |
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 | Article 1: "The free and unrestricted access of the person to any information of public interest, defined by this law, is one of the fundamental principles of the relations between persons and public authorities, in accordance with the Romanian Constitution and international documents ratified by the Romanian Parliament." | |
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 | Article 6(1): Any individual has the right to request and obtain from public authorities and institutions, under the conditions of the present law, information of public interest. | "Any" person can ask and obtain information. This includes legal persons. |
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 | Article 2. Section 2: "For the purpose of this law:[...] information of public interest means any information concerning the activities or results of the activities of a public authority or public institution, regardless of the format or manner of expression of the information." | |
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 | Article 6: "Any individual has the right to request and obtain from public authorities and institutions, under the conditions of the present law, information of public interest." (2) "Public authorities and institutions are obliged to provide the persons, at their request, with the public interest information requested, in written or verbal form." | |
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 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution. | No exception has been recognised in the Law. |
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 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution. | No exception has been recognised in the Law. |
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 | Article 2(A): "by "public authority or institution" is meant any public authority or institution which uses or manages public financial resources, any autonomous company governed by the Company Law No. 31/1990 […] The political parties, sports federations and non-governmental public utility organisations that benefit from public funds are also subject to the provisions of this law." | No exception has been recognised in the Law. |
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 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution. | No exception has been recognised in the Law. |
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 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution. | No exception has been recognised in the Law. |
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 | Partially | 1 | Article 2: For the purpose of this law: (a) Public authority or organization means any public authority or organization or any autonomous organization using public financial resources and developing its activity in Romania, according to the Constitution; (b) Public information means any information related to or resulting from the activities of a public authority or organization, regardless of the frame, form or way of expression of the information. | It is included under the scope, no mention about the other. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | Article 6: "(1) Any individual has the right to request and obtain from public authorities and institutions, under the conditions of the present law, information of public interest. […] (3) The written request of public interest information shall contain the following elements: a) the public authority to which the application is addressed; b) the requested information so as to enable the public authority or institution to identify public interest information; c) name, surname and signature of the applicant, as well as the address where the response is requested." | Reasons are not listed among the information to be included in requests, but it would be better if they were explicitly 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 | Article 6 (3): "The written request of public interest information shall contain the following elements: a) the public authority to which the application is addressed; b) the requested information so as to enable the public authority or institution to identify public interest information; c) name, surname and signature of the applicant, as well as the address where the response is requested." | Requesters are asked to identify the information and to provide their contact details like complete name and an address. |
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 | Article 6: "(1) Any individual has the right to request and obtain from public authorities and institutions, under the conditions of the present law, information of public interest. (2) Public authorities and institutions are obliged to provide the persons, at their request, with the public interest information requested, in written or verbal form. (3) The written request of public interest information shall contain the following elements: a) the public authority or institution to which the application is addressed; b) the requested information so as to enable the public authority or institution to identify public interest information; c) name, surname and signature of the applicant, as well as the address where the response is requested. Article 7(3) "Requesting and obtaining information of public interest can be made, if the necessary technical conditions are met, also in electronic format." | The law implies that information shall be offered in the requested format - additionally, law 448/2006 imposes this interpretation. |
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 | Partially | 1 | Article 8(1): For the information requested verbally, the officers of the information and public relations compartments have the obligation to specify the conditions and the forms in which the access to public information takes place and can provide the requested information on the spot. | |
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 | NO | 0 | Not mentioned. | |
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 | 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 | Decree on Implementing Norms. The request must be transferred, where the public authority knows where the information is held, within 5 days. | |
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 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned. | |
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 | Article 7(1): "The public authorities and institutions have the obligation to respond in writing to the request of the public interest information within 10 days or, as the case may be, within 30 days from the registration of the request, depending on the difficulty, the complexity, the volume of documentary work and the urgency of the request If the time required to identify and disseminate the information exceeds 10 days, the response shall be communicated to the applicant within 30 days, provided written notice thereof is given within 10 days." | The timeframe for responding requests is 10 working days. |
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 | Article 7(1): "The public authorities and institutions have the obligation to respond in writing to the request of the public interest information within 10 days or, as the case may be, within 30 days from the registration of the request, depending on the difficulty, the complexity, the volume of documentary work and the urgency of the request If the time required to identify and disseminate the information exceeds 10 days, the response shall be communicated to the applicant within 30 days, provided written notice thereof is given within 10 days." | Article provides: "The public authorities and institutions have the obligation to answer in writing, to the request of the information of public interest within 10 days."& This timeline could be extended to 30 days (20 working days) depending of the complexity of the matter. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | ||
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 | Article 9(1) If the request for information implies reproduction of the documents held by the public authority or organisation, the petitioner shall bear the cost of the reproduction, in compliance with the law. | The fees are limited to the cost of reproducing the pretended copies. No mention about the other aspects. Local authorities enjoy autonomy, under the constitution, so they might be able to impose their own fees. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | 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 | Partially | 1 | N/A | Not mentioned. |
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 | Partially | 1 | CHAPTER IV. Transitory and Final Provisions. Article 25 "The date when this law comes into force, all contrary provisions shall be abrogated." Art. 12. - (1) Exemption from the free access of the citizens, stipulated in art. 1 and Art. 11, the following information: a) information in the field of national defense, safety and public order, if it belongs to the categories of classified information, according to the law; b) information regarding the deliberations of the authorities, as well as those regarding the economic and political interests of Romania, if they are labelled as classified information, according to the law; c) information on commercial or financial activities, whether their advertising infringes intellectual or industrial property rights and the principle of fair competition, according to the law; d) information on personal data, according to the law; e) information on the procedure during the criminal or disciplinary investigation, if the outcome of the investigation is jeopardized, disclosure of confidential sources or endangering the life, bodily integrity, health of a person following an investigation being carried out or in progress; f) information on court proceedings, if their publicity prejudices the assurance of a fair trial or the legitimate interest of any party to the proceedings; g) information the disclosure of which prejudices measures for the protection of young people. | |
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 | 9 | Art. 12. - (1) Exemption from the free access of the citizens, stipulated in art. 1 and Art. 11, the following information: a) information in the field of national defense, safety and public order, if it belongs to the categories of classified information, according to the law; b) information regarding the deliberations of the authorities, as well as those regarding the economic and political interests of Romania, if they are labelled as classified information, according to the law; c) information on commercial or financial activities, whether their advertising infringes intellectual or industrial property rights and the principle of fair competition, according to the law; d) information on personal data, according to the law; e) information on the procedure during the criminal or disciplinary investigation, if the outcome of the investigation is jeopardized, disclosure of confidential sources or endangering the life, bodily integrity, health of a person following an investigation being carried out or in progress; f) information on court proceedings, if their publicity prejudices the assurance of a fair trial or the legitimate interest of any party to the proceedings; g) information the disclosure of which prejudices measures for the protection of young people. | With the exception of "the information whose publication is prejudicial to the measures for youth protection" |
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 | NO | 0 | No mention about a harm test that can apply to the exceptions listed. | |
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 | Article 13: Information encouraging or concealing the breaking of law by a public authority or organization shall not be regarded as classified information and shall be considered public information. | There is a sort of public interest override that will be applied only over "the information that favors or hides the infringement of the law by a public authority or institution." This information shall be considered as of public interest. 1 point scored |
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 | NO | 0 | Not mentioned. | |
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 | NO | 0 | Not mentioned. | |
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 | NO | 0 | Not mentioned. | |
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 | Article 7(2): The refusal to communicate the requested information shall be motivated and communicated within 5 days of the receipt of petitions. | No mention of the relevant appeal procedures. |
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 | YES | 2 | Article 21(1): "The explicit or tacit refusal of the designated employee of a public authority or institution for the application of the provisions of the present law constitutes a misconduct and entails disciplinary liability of the culprit. (2) Against the refusal provided in paragraph (1), a complaint may be lodged with the head of the respective public authority or institution within 30 days of the acquaintance of the injured person. (3) If, after the administrative injury, the complaint is substantiated, the reply shall be sent to the injured person within 15 days of the filing of the complaint and shall contain both the information of public interest requested initially and the disciplinary sanctions against the culprit." | |
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 | NO | 0 | Not mentioned. | |
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 | No independent oversight body listed. | |
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 | No independent oversight body listed. | |
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 | No independent oversight body listed. | |
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 | No independent oversight body listed. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | No independent oversight body listed. | |
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 | No independent oversight body listed. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Article 22: "A person who considers himself/herself deprived of his/her rights, as stipulated under this law, may complain to the section for contentious matters in the competence of the administrative courts within his/her residential area or in the area where the public authority or organization has its headquarters. The complaint shall be made no later than 30 days from the expiration of the period stipulated under art. 7. The law court may force the public authority or organization to provide the requested public information and to pay moral and/or patrimonial prejudice. The decision of the law court may be submitted for appeal. The decision of the Court is final and irrevocable. Both the complaint and the appeal shall be trialed in emergency procedure, in the court of justice, and shall be exempted from stamp duty." | |
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 | Article provides:"Administrative special jurisdiction is optional and free of charge." | |
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 | Partially | 1 | Article 22(1): If a person is considered injured in his/her rights provided for in the present law. | Mentions as injured in regard to any of the rights established in the law and therefore is broad in interpretation. |
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 | Partially | 1 | Article 22(5): Both the complaint and the appeal shall be heard in court in an emergency procedure and shall be exempt from stamp duty. | Timelines not specified, however it does state that they will be expedited in the courts. |
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 | 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 | No independent oversight body listed. | |
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 | Article 21: "The explicit or silent refusal of the designated employee within a public authority or organization to enforce the provisions of this law shall be considered as infringement and the employee shall be deemed disciplinary responsible. [...] If after administrative investigation the complaint is found wellgrounded, the individual shall receive an answer no later than 15 days from the submission of the complaint; the answer shall contain the public information previously requested and the mentioning of the disciplinary sanctions imposed to the person found guilty." Criminal Code of Romania, Article 242. | |
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 | NO | 0 | Not mentioned. | |
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 | YES | 2 | Romanian Whistleblowers Law, Article 1: This law regulates certain actions regarding the protection of persons who claimed or notified violations of the law within the public authorities, public institutions and other units, committed by persons holding management or execution positions within the public authorities and institutions. | |
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 | YES | 2 | Romanian Whistleblowers Law, Article 5, Section G: The notification of certain actions of violation of law by the persons set forth at art.1 and art.2, provided by law as being misbehaviors, contraventions or offences, shall represent a public interest warning and includes:violations of law concerning the access to information and of the decisional transparency. | |
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 | Article 3. "Public authorities and organizations shall grant ex officio or by request access to the public information. The request shall be addressed to the compartment of public relations or to the designated person." Article 4. Section 1: "In order that each individual should have access to public information, public authorities and organizations shall establish specialized compartments for public relations and information or shall designate a person with tasks in this field." Article 16: "In order to ensure access of the mass-media to public information, the public authorities and organizations shall designate a spokesman, generally from the information and public relations compartments." | |
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 | YES | 2 | General Secretariat of the Government, hg123/2003. | The government department is in charge of the promotion of the right and the collection of statistical data on the exercise of the right. |
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 | Partially | 1 | Article 17(1): Periodically, public authorities shall organize, generally once a month, press conferences for the release of public information. (2) During the press conferences, the public authorities shall answer any question referring to public information. | The guidance will be made only for oral requests. |
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 | Not specifically mentioned. | |
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 | Article 5(1): Each public authority or organization shall communicate ex officio the following public information: [...] (g) list of public documents; (h) list of categories of produced and/or managed documents; | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
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 | Article 5(3): The public authorities release to the public, ex officio, at least annually, a periodical activity report, which will be published in the Romanian Official Journal. | The report shall be published in the Official Gazette of Romania. |
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 | No independent oversight body listed. |
