The Public Interest Has Been Ignored in the Process of Delivery of Information by the Institutions

Banja Luka, 28^thSeptember 2012- On the occasion of the Freedom of Information Day (28^th September) TI BiH has conducted research on determination of the level of implementation of the Freedom of Access to Information Act by the State authorities of Bosnia and Herzegovina.

TI BiH has send 148 requests for access to information, in which contracts on public procurement have been requested, to all ministries at the state level, the Federation of Bosnia and Herzegovina, the Republic of Srpska and departments of the Government of Brcko District.

Upon the expiry of the statutory time limit (15 days), out of the total number of the Institutions only 43% have responded promptly, while after direction of urgency another 38% of institutions submitted responses. However, 20% of institutions have not submitted response of any kind. So, due to administrative silence TI BiH has sent 26 complaints on violation of the Freedom of Access to Information Act and the Administrative Procedure Act.

On the other side, in 80% of the cases have failed the delivery of the information in the form of administrative act which suggests a high level of legal uncertainty in the process of providing information still exists in the institutions of BiH.

As well as in the previous research of TI BiH, being conducted every year in the occasion of the International Freedom of Access to Information Day, the apparent practice of improper exemption of public information or the failure to implement the public interest test has been noticed.

One of the causes of the legal uncertainty are decisions of the Agency for Protection of Personal Data, such as the prohibition of publication of assets declarations and limiting access to the judgments of the Court  of BiH, which in practice creates confusion and uncertainty. Considering the fact that the Institutions which should apply the Law on Freedom of Access to Information are not often capable to evaluate in which cases there should be the precedence in publishing information and in which the protection of personal data.

In accordance with the submitted initiatives to amend the Law on Freedom of Information at the entity level, TI BiH has maintained the stand that this should be brought in the line with the Law at the State level, especially in the introduction of sanctions for law violation.  It is necessary to conduct the authentic interpretation of the public interest test in terms of explaining and/or setting of additional evaluation criteria and rules of public interest benefits and social damage, as well as to ensure understanding of the purpose of the public interest test and mandatory rules before deciding not to provide information.

TI BiH is going to continue with its regular activities on the active advocacy of the right of free access to information in order to strengthen its affirmation and civil participation, especially to remember that this is one of the fundamental human rights and prerequisite for the responsible conduct of public institutions.