The constitutional rights to search, receive and use information are realized mainly in the circulation of documented and mass media. This is because most of the information belongs to these two classes of information. Moreover, mass information is also mostly documented. If the information is not fixed in some document, then it is impossible to demand that it be provided.
The circulation of information is regulated by the Federal Law "On Information, Information Technologies and Information Protection".
The said law establishes the following principles legal regulation relations arising in the field of information, information technologies and information protection:
- - freedom to search, receive, transfer, produce and distribute information in any legal way;
- - establishment of restrictions on access to information only by federal laws;
- - openness of information about the activities of state bodies and bodies local government and free access to such information, except in cases established by federal laws;
- - equality of languages of the peoples of the Russian Federation in the creation of information systems and their operation;
- - Ensuring the security of the Russian Federation in the creation of information systems, their operation and protection of the information contained in them;
- - reliability of information and timeliness of its provision;
- - inviolability of private life, the inadmissibility of collecting, storing, using and disseminating information about the private life of a person without his consent;
- - the inadmissibility of establishing by regulatory legal acts any advantages of using some information technologies over others, unless the mandatory use of certain information technologies for the creation and operation of state information systems is established by federal laws.
These principles are fully based on constitutional norms and have been developed in further norms of the Federal Law "On Information, Information Technologies and Information Protection".
So, it is established that information can be an object of public, civil and other legal relations. Information can be freely used by any person and transferred by one person to another person, unless federal laws establish restrictions on access to information or other requirements for the procedure for its provision or distribution. FZ. Art. 10 // SZ RF. 07/31/2006. No. 31 (1 hour). Art. 3448..
As discussed earlier, information, depending on the category of access to it, is divided into public information, as well as information, access to which is limited by federal laws (restricted access information).
In addition to classification according to the degree of access, information is subdivided depending on the order of its provision or distribution into:
information freely distributed;
information provided by agreement of the persons participating in the relevant relationship;
information that, in accordance with federal laws, is subject to provision or dissemination;
information whose dissemination in the Russian Federation is restricted or prohibited.
Publicly available information includes generally known information and other information, access to which is not limited. Publicly available information can be used by any person at their discretion, subject to the restrictions established by federal laws regarding the dissemination of such information. The owner of information that has become publicly available by his decision has the right to require persons distributing such information to indicate themselves as a source of such information. Art. 10 // SZ RF. 07/31/2006. No. 31 (1 hour). Art. 3448..
The owner of the information may be a citizen (individual), a legal entity, the Russian Federation, a constituent entity of the Russian Federation, a municipality. On behalf of the Russian Federation, a constituent entity of the Russian Federation, municipality the powers of the owner of information are exercised by state bodies and local self-government bodies, respectively, within the limits of their powers established by the relevant regulatory legal acts.
The owner of information, unless otherwise provided by federal laws, has the right to:
allow or restrict access to information, determine the procedure and conditions for such access;
use the information, including disseminating it, at its own discretion;
transfer information to other persons under an agreement or on another basis established by law;
protect their rights in the ways prescribed by law in case of illegal receipt of information or its illegal use other persons;
perform other actions with information or permit the implementation of such actions.
When exercising their rights, the information owner is obliged to:
observe the rights and legitimate interests of other persons;
take measures to protect information;
restrict access to information if such obligation is established by federal laws.
Citizens (individuals) and organizations (legal entities) have the right to search for and receive any information in any form and from any source, subject to the requirements established by federal laws.
A citizen has the right to receive from state bodies, local self-government bodies, their officials in the manner prescribed by the legislation of the Russian Federation, information directly affecting his rights and freedoms.
The organization has the right to receive from state bodies, local self-government bodies information directly related to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies in the implementation of this organization's statutory activities.
Access cannot be restricted to:
normative legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing legal status organizations and powers of state bodies, local self-government bodies;
status information environment;
information on the activities of state bodies and local self-government bodies, as well as on the use of budgetary funds (with the exception of information constituting a state or official secret);
information accumulated in the open funds of libraries, museums and archives, as well as in state, municipal and other information systems created or intended to provide individuals and organizations with such information;
other information, the inadmissibility of restricting access to which is established by federal laws.
State bodies and local self-government bodies are obliged to provide access to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local self-government bodies. Yes, the federal government executive power are obliged:
ensure access of citizens and organizations to information about the activities of federal executive bodies, with the exception of information classified as information of limited access, by creating information resources in accordance with the established list;
timely and regularly post the specified information resources in public information systems, including the Internet;
systematically inform citizens and organizations about the activities of federal executive bodies in other ways provided for by the legislation of the Russian Federation.
A person wishing to gain access to information is not obliged to substantiate the need to obtain it.
The right to seek and consume information does not extend to the activities of non-state owners of information resources. The activities of the latter are regulated within the framework of the civil circulation of information, however, with the free distribution of non-state documented information the procedure for its circulation does not differ from the circulation of documented information obtained from state information resources.
Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information may be appealed to a higher authority or a higher official or to a court.
If, as a result of unlawful refusal of access to information, untimely provision of it, provision of information that is deliberately unreliable or inconsistent with the content of the request, losses have been caused, such losses are subject to compensation in accordance with civil law.
Free information provided:
on the activities of state bodies and local self-government bodies, posted by such bodies in information and telecommunication networks;
affecting the rights and obligations of the interested person established by the legislation of the Russian Federation;
other information established by law.
Collection of fees for the provision of information by a state body or local self-government body on its activities is possible only in cases and under the conditions established by federal laws.
Restriction of access to information is established by federal laws in order to protect the foundations of the constitutional order, morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.
It is mandatory to maintain the confidentiality of information, access to which is limited by federal laws.
Protection of information constituting state secret, is carried out in accordance with the legislation of the Russian Federation on state secrets.
Federal laws establish the conditions for classifying information as information constituting a trade secret, official secret and other secret, the obligation to maintain the confidentiality of such information, as well as responsibility for its disclosure.
Information received by citizens in the performance of their professional duties or by organizations in the course of their performance of certain types of activities (professional secrecy) is subject to protection in cases where federal laws impose obligations on these persons to maintain the confidentiality of such information. Information constituting a professional secret may be provided to third parties in accordance with federal laws and (or) by court order. The term for fulfilling the obligation to maintain the confidentiality of information constituting a professional secret may be limited only with the consent of the citizen who provided such information about himself.
It is prohibited to require a citizen to provide information about his private life, including information constituting a personal or family secret, and to receive such information against the will of an individual, unless otherwise provided by federal laws. The procedure for access to personal data of citizens is established by the federal law on personal data On personal data: Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ // СЗ RF. 07/31/2006. No. 31. Art. 3451..
Dissemination of information is carried out freely subject to the requirements established by the legislation of the Russian Federation 13 .
Information disseminated without the use of the mass media must include reliable information about its owner or about another person distributing information, in the form and to the extent that are sufficient to identify such a person.
When using means to disseminate information that allow identifying the recipients of information, including postal items and electronic messages, the person distributing information is obliged to provide the recipient of information with the opportunity to refuse such information.
The provision of information is carried out in the manner established by the agreement of the persons participating in the exchange of information.
Cases and conditions for the mandatory dissemination of information or the provision of information, including the provision of mandatory copies of documents, are established by federal laws.
It is prohibited to disseminate information that is aimed at propaganda of war, inciting national, racial or religious hatred and enmity, as well as other information, the dissemination of which provides for criminal or administrative liability.
A number of provisions concerning the realization of the right of every citizen to freely search for and receive information and to ensure the information openness of the activities of bodies state power, other state bodies and organizations, local self-government bodies is established by the Law "On the right to access to information". This law, in particular, established the following provisions.
Access to information is provided:
mandatory communication of information to the public;
communication of information to the public;
satisfaction of personal and collective requests for information.
The procedure for mandatory communication of information to the public is determined by laws and regulations adopted in accordance with them.
In all cases, bodies and organizations, their officials are obliged to immediately, by all available means, bring to the attention of the public the information that has become known to them about the facts and circumstances that pose a threat to public safety, life and health of people.
Communication of information to the general public is carried out by publishing official documents in special editions, placing them in databases and data banks accessible to an unlimited circle of interested persons.
Citizens have the right to apply personally, as well as to send individual and collective appeals to state bodies, local governments and officials. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal should not violate the rights and freedoms of other persons. Consideration of citizens' appeals is free of charge.
Access to information at the request of an interested person can be carried out in the form of:
acquaintance with official documents containing the requested information;
obtaining a copy of the relevant document or extracts from it;
obtaining a written certificate containing the requested information;
obtaining an oral presentation of the content of the requested information;
A request for information, as well as the provision of information upon request, may be made orally or in writing, including using electronic data transfer technologies. To organize access to information in the structure of bodies and organizations, specialized services are created, endowed in the established manner with the appropriate functions and powers, or the performance of these functions is assigned to other services and divisions existing in the structure of bodies and organizations, as well as to specific officials.
The rules for fulfilling requests for information are established by the head of the relevant body or organization.
When considering an application by a state body, local self-government body or an official, a citizen has the right to:
submit additional documents and materials or apply for their reclamation;
get acquainted with the documents and materials related to the consideration of the appeal, if this does not affect the rights, freedoms and legitimate interests of other persons and if the said documents and materials do not contain information constituting a state or other secret protected by federal law;
receive a written response on the merits of the issues raised in the appeal, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
file a complaint against a decision made on the appeal or against an action (inaction) in connection with the consideration of the appeal in the administrative and (or) judicial order in accordance with the legislation of the Russian Federation;
file an application to terminate the consideration of the application.
In the event that the requested information is contained in a publicly available official printed publication, the executor of the request may limit himself to indicating the details of this publication and the date of publication of the information. The response to the request must contain the details of the body or organization and the executor of the request.
Appeals of citizens are considered in the federal executive body within 30 days from the date of receipt. If necessary, the term for consideration of a written application may be extended by the deputy head of the federal executive body, but not more than 30 days, while informing the applicant and indicating the reasons for the extension. If the issues raised in citizens' appeals are not within the competence of the federal executive body, the heads of the structural subdivisions of the federal executive body send such appeals within 5 days according to their affiliation and inform the applicants about this. Appeals of citizens are considered resolved if all the questions raised in them are considered, the necessary measures are taken and written answers are given.
Action (inaction) of bodies, organizations, their officials that violates the right to information, if this action (inaction) was previously appealed in court or administrative procedure, may be appealed to the Commissioner for Human Rights in the constituent entity of the Russian Federation and (or) the Commissioner for Human Rights in the Russian Federation. Persons who have been unlawfully denied access to information, as well as persons who have received false information, have the right to compensation for the damage incurred.
Responsibility for violation of the right to access to information. Officials of bodies and organizations who are guilty of unlawfully restricting access to information, failing to provide information in the prescribed manner, providing false information, who have committed other violations of the right to access to information, are subject to criminal, administrative and civil liability in accordance with the legislation of the Russian Federation.
In accordance with criminal law, an illegal refusal by an official to provide documents and materials collected in the prescribed manner that directly affect the rights and freedoms of a citizen, or providing a citizen with incomplete or deliberately false information, if these acts have caused harm to the rights and legitimate interests of citizens, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to eighteen months, or deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years.
Searching, receiving and transmitting information ( right of access to information or the right to know) is the most important, in fact, defining institution of information law. The legal foundation of this institution is the information and legal norms of the Constitution of the Russian Federation:
- Clause 4. Everyone has the right to freely seek, receive, transmit, produce and distribute information in any legal way.
- Article 29, paragraph 5. Freedom of the mass media is guaranteed. Censorship is prohibited.
- Clause 2. Everyone has the right to participate in cultural life and use cultural institutions, to have access to cultural property.
Right to access information means:
- the right of everyone to apply to state authorities, public associations, bodies and organizations, other structures for obtaining the necessary information;
- the right to apply to cultural institutions, other structures, to the custodians of cultural property in order to obtain the requested information from them;
- the right to freely receive messages prepared and distributed by the mass media, the right to receive information contained in scientific and literary works, as well as other information disseminated, including for commercial purposes.
Art. 8 Federal Law of July 27, 2006 N 149-FZ "On Information, Information Technologies and Information Protection" establishes that (individuals) have the right to search for and receive any information in any form and from any source, subject to the requirements established by this Federal Law and other federal laws.
A citizen (individual) has the right to receive from state bodies, local self-government bodies, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.
Access cannot be restricted to:
- affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, local self-government bodies;
- information about the state of the environment;
- information on the activities of state bodies and local self-government bodies, as well as on the use of budgetary funds (with the exception of information constituting a state or official secret);
- information accumulated in the open funds of libraries, museums and archives, as well as in state, municipal and other information systems created or intended to provide citizens (individuals) and organizations with such information;
- other information, the inadmissibility of restricting access to which is established by federal laws.
State bodies and local self-government bodies are obliged to provide access, including using information and telecommunication networks, including the Internet, to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with federal laws , the laws of the constituent entities of the Russian Federation and the regulatory legal acts of local governments. A person wishing to gain access to such information is not required to justify the need to obtain it..
Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information may be appealed to a higher authority or a higher official or to a court.
If, as a result of unlawful denial of access to information, untimely provision of it, provision of information known to be unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil law.
Free information provided:
- on the activities of state bodies and local self-government bodies, posted by such bodies in information and telecommunication networks;
- affecting the rights and obligations of the interested person established by the legislation of the Russian Federation;
- other information established by law.
Establishing a fee for the provision of information by a state body or local self-government body on its activities is possible only in cases and on conditions established by federal laws.
1. Citizens (individuals) and organizations (legal entities) (hereinafter referred to as organizations) have the right to search for and receive any information in any form and from any source, subject to the requirements established by this Federal Law and other federal laws.
2. A citizen (individual) has the right to receive from state bodies, local self-government bodies, their officials, in accordance with the procedure established by the legislation of the Russian Federation, information directly affecting his rights and freedoms.
3. The organization has the right to receive from state bodies, local self-government bodies information directly related to the rights and obligations of this organization, as well as information necessary in connection with interaction with these bodies in the implementation of this organization's statutory activities.
4. Access cannot be restricted to:
1) regulatory legal acts affecting the rights, freedoms and duties of a person and a citizen, as well as establishing the legal status of organizations and the powers of state bodies, local governments;
2) information about the state of the environment;
3) information on the activities of state bodies and local self-government bodies, as well as on the use of budgetary funds (with the exception of information constituting a state or official secret);
4) information accumulated in the open funds of libraries, museums, as well as in state, municipal and other information systems created or intended to provide citizens (individuals) and organizations with such information;
4.1) information contained in archival documents of archival funds (with the exception of information and documents, access to which is limited by the legislation of the Russian Federation);
5) other information, the inadmissibility of restricting access to which is established by federal laws.
5. State bodies and local self-government bodies are obliged to provide access, including through the use of information and telecommunication networks, including the Internet, to information about their activities in Russian and the state language of the corresponding republic within the Russian Federation in accordance with federal laws, laws of subjects of the Russian Federation and regulatory legal acts of local governments. A person wishing to gain access to such information is not obliged to substantiate the need to obtain it.
(see text in previous edition)
6. Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information may be appealed to a higher authority or a higher official or to a court.
7. If, as a result of unlawful denial of access to information, untimely provision of it, provision of information known to be unreliable or inconsistent with the content of the request, losses were caused, such losses are subject to compensation in accordance with civil
Article 12. Realization of the right to access information from information resources
1. Users - citizens, state authorities, local authorities, organizations and public associations - have equal rights to access state information resources and are not required to justify to the owners of these resources the need to obtain the information they request. The exception is information with restricted access.
Access to individuals and legal entities to state information resources is the basis for exercising public control over the activities of state authorities, local governments, public, political and other organizations, as well as over the state of the economy, ecology and other areas of public life.
2. Owners of information resources provide users (consumers) with information from information resources on the basis of legislation, charters of these bodies and organizations, regulations on them, as well as contracts for information support services.
Information legally obtained from state information resources by citizens and organizations can be used by them to create derivative information for the purpose of its commercial distribution with a mandatory reference to the source of information.
The source of profit in this case is the result of the labor and funds invested in the creation of derivative information, but not the initial information obtained from public resources.
3. The procedure for obtaining information by the user (indication of the place, time, responsible officials, necessary procedures) is determined by the owner or holder of information resources in compliance with the requirements established by this Federal Law.
Lists of information and information support services, information on the procedure and conditions for access to information resources are provided by the owners of information resources and information systems to users free of charge.
4. State authorities and organizations responsible for the formation and use of information resources provide conditions for the prompt and complete provision of documented information to the user in accordance with the obligations established by the charters (regulations) of these bodies and organizations.
5. The procedure for the accumulation and processing of documented information with limited access, the rules for its protection and the procedure for access to it are determined by the state authorities responsible for certain types and arrays of information, in accordance with their competence, or directly by its owner in accordance with the law.
IS HE. Kocheva, S.G. Makovetskaya
The recommendations were developed within the framework of the research project of the Perm Civil Chamber “The Future of Human Rights in Russia”. The material includes a generalized list of problems of ensuring the right to access to information and a description of the five most relevant and promising areas of activity to ensure the right to information. This paper proposes criteria, basic requirements by which it is possible to assess the adequacy of the authorities' efforts to ensure the right to access to information, and also provides a set of practical steps that can be taken by the authorities to fulfill these requirements. The recommendations are addressed to representatives of non-profit organizations, government and local governments, human rights activists, journalists and anyone interested in protecting and promoting the right to access to information.
Every person has the right to be informed about everything that happens in the country and the world, to receive essential, sufficient, timely and easily interpretable information. Each state department and institution is obliged to take into account in its work the rights of citizens to access to information and make special efforts to raise people's awareness of their activities and other socially significant information within their competence.
The possession of information plays an increasingly important role in all spheres of activity, including in human rights protection. At the same time, understanding of the importance and significance of access to information is growing: give a modern person the necessary information - and he has the opportunity to solve his problems himself, and vice versa - limit access to information and a person will lose part of his freedom and independence. The value of access to information is gradually being consolidated as a self-sufficient motive: the state recognizes that a citizen should not, when requesting, refer to the existence of any other rights and justifications, except for his right to information. Therefore, the possibility of access to information is one of the relevant and necessary conditions for ensuring the effectiveness of human rights activities.
PROBLEMS OF REALIZING THE RIGHT TO ACCESS TO INFORMATION
Although most of the problems of access to information in the 20th century remained unresolved (for example, severe restrictions on access to information, arbitrary secrecy, irresponsibility of officials for refusing to provide information), the human rights front has moved further, offering new options for setting the emphasis. Appeared new type problems associated with the inability of most people to navigate the chaotic and oversaturated information flows. Information is inaccessible not only because it is hidden from people, but also because no special efforts are made to make it known. To solve this problem, it is not enough just to recognize the right of citizens to information; a global restructuring of the foundations of the functioning of the system for storing and distributing information by the authorities is necessary. Yes, and rethinking the very right to information.
A sign of the new time is the appearance of significant amounts of information that a person is not able to perceive and master. A new deficit has appeared - the deficit of "processed", understandable information. People are interested in optimizing the amount of information that comes to them from the outside. At the same time, the information must be necessary, significant, sufficient and essential, it must be “ready for use”, that is, it must not require additional explanations and interpretations. Another modern feature is the lack of services and procedures that would facilitate the search for official information: meta-information (information about information) and dispatching services. Ways to search for information should be known, understandable, inexpensive and do not require special training, skills and knowledge.
Problems of poor quality of information provided
The lack of processed (usable) information entails the problem of the low quality of the information provided. Information should be clear, essential, sufficient and not redundant, it should be as close as possible to the interests, needs and level of understanding of a particular consumer. This requires the processing, adaptation or interpretation of both the information that is provided upon request and the information that is distributed to a general audience or target groups. This requirement is not always or not fully met. Information is often provided "as is", that is, primarily suitable for the bureaucratic system. Publicly significant information is disclosed without appropriate processing and comments.
Responses to a request are often presented in an inconvenient form, in inaccessible media or in incomprehensible language, such responses are often formal, do not take into account the specifics of specific situations and individual characteristics.
The "inhuman" language of documents allows officials to manipulate the law, "confuse" visitors, interpret the rules in their favor. People consider "esoteric" legal-bureaucratic language as a means used by the state and individual officials to protect themselves from possible claims and avoid fulfilling their obligations to the population. The language and structure of legislative acts, which make them difficult to understand, are a powerful conflict generator at the system level, alienating people from the state, and giving officials advantages that most non-official respondents consider unfair.”
When publishing socially significant information, the competence and objectivity of conductors and specialists who explain and interpret official data become especially important. Along with the increase in the volume of information, there is a growing demand for specialists who can make this information understandable and convey it to the target audience.
The media do not meet the needs for up-to-date, comprehensive and impartial information and do not enjoy the trust of citizens. There is a problem of state monopoly on certain types information, lack of third-party (independent) assessments and pluralism of opinions.
Problems of poor quality of information services
Access to socially important information is very often too burdensome. Information cannot be found on its own, either because it is not published in the public domain, so you need to specifically contact the authorities, or it is difficult to find information because there are no sources of meta-information, a common and understandable system for searching for official information.
When applying for information to the authorities, a person also experiences difficulties due to lack of background information about where, what information, in what volume and form he can receive. The activities of the authorities are not transparent. As a rule, it is difficult to obtain open access information about information resources, the usefulness of the activities of a government agency or institution for a particular consumer, and even about the procedure for applying to government bodies of citizens and organizations.
The quality and volume of information provided often depends on a specific official (his condition, mood, opinion regarding the “importance” of the requested information for the applicant) and on the specific applicant (his status, legal literacy).
“The main difficulty is not to get a written response to the request, but to ensure that the content of this response matches the request. Often the answer is formulated in such a way that the uninitiated legal issues and the competence of officials, he gives little to a person, since he requires “processing””.
“The actual task is how to ask a question “correctly” in order to obtain information on the merits. We even know specific people in public authorities who have been working for a long time and their answers are very difficult to decipher and even more so to understand their meaning.”
“Regulatory acts that are published are extremely difficult to understand, people come to us for “processed” information.”
The dissemination of information is approached formally, using only “traditional” channels for its dissemination and not taking into account how convenient they are and how much they are in demand by target groups.
“In our state, no one will “run” after citizens and offer services”
From an interview with representatives of NGOs based on the materials of the PROC study
The state uses little and sporadically modern technologies informing (e-mail, Internet, etc.). Both the state and the population for the most part have not yet mastered the means of mass communication: some do not bother to publish socially significant information on the Internet and the media, others do not have the necessary skills, experience and resources to independently search for information. Therefore, the traditional way to search for information is to contact the authorities with a request.
The information dissemination infrastructure is imperfect. A person often does not know what is relevant for him at the moment in terms of exercising his own rights. He is often the last to know about new opportunities and threats when it is already too late. Ineffective ways of disseminating legal information. The forms of dissemination used do not meet the needs of the target groups.
“The younger the person, the more important the Internet is for him, as opposed to newspapers. People complain about the inability to find the right law and comments on the Internet. On the other hand, there is a demand for "paper" publications in newspapers, because many do not know how to use the Internet, and a newspaper can always be obtained from the library, and a newspaper is cheap compared to a collection of laws - a book.
From the study "Problems of regulation of information relations
through the eyes of the population of Russia", Press Development Institute, 2005
“The most common situation is when even the available information resources are not intended for online users. The dialogue on the site “Questions to the Legislative Assembly of the Perm Region” is very symptomatic: “Question. Why is it impossible to view the adopted legislative acts of the Perm region on the Internet, while the legislative activity of the State Duma of the Russian Federation is quite accessible? - Answer. When creating the official website of the Legislative Assembly of the Perm Region, the task of publishing full-text laws of the Perm Region was not set. In addition, we have a partnership agreement with the company "Consultant Plus" on the link on the website of the Legislative Assembly of the Perm Region to their archive of documents.
Parakhina O.V., Polyak Yu.E. Constitutional law
on access to information and problems of its implementation. Abstracts of the report
on the International Conference"Universal access to information", 2004 // http://confifap.cpic.ru/spb2004/rus/reports/report_130.html
Difficulties in accessing information and reasons for refusing to provide information upon request
There are no elementary guarantees of receiving a response to a request, which makes this procedure too costly for many. There are no standards for the provision of information, mandatory rules and procedures.
“During the monitoring, test written requests were sent to state authorities and local self-government from citizens and media outlets in Voronezh. 2/3 of the responses received contained referrals to other institutions. Complete responses (of all received) were 23%. For 70% of inquiries regarding the rules for making an appointment with the heads of the district administrations of Voronezh, we did not receive a response at all.”
“I don’t apply to state bodies on principle - this is a colossal waste of time.”
From interviews with NGO representatives
“According to people, the duties of officials include explaining to clients the details of bureaucratic procedures, helping them fill out paperwork. In practice, officials are forced to provide such assistance, but they are extremely reluctant, and they consider it not their duty, but an informal favor to clients.”
From the study "Problems of regulation of information relations
through the eyes of the population of Russia", Press Development Institute, 2005
The most common reasons for refusing to provide information is the status of its secrecy, although in most cases, references to secrecy are just a convenient excuse for refusal. The validity of attributing certain information to the restricted access regime cannot be verified, moreover, in most cases, the refusal does not contain any motivations and explanations.
According to the results of the survey, according to officials, in 74% of cases they do not refuse information to those who come for it. 26% of those in power refuse quite rarely and for good reasons. Most often, they have to refuse because of the secrecy of information: 40% of officials motivate their behavior precisely by this circumstance. The remaining refusals are explained by the following reasons: “does not comply with current legislation” (20%), “trade secret” (20%), “I refuse if this information does not concern visitors” (20%). Ordinary citizens, when asked about the reasons for the refusal to provide information, in 81.5% of cases indicated that they were refused without explanation.
Study of the accessibility of authorities and state
information resources, Central Black Earth Center for the Protection of Media Rights, 2002
“Practically all respondents admit and stipulate that they are not against the existence of the CPD documents. But these must be documents that are explicitly declared secret, and by default, all documents must be available.”
From the study "Problems of regulation of information relations
through the eyes of the population of Russia", Press Development Institute, 2005
Another common reason for refusal is the official's lack of information, even one that directly affects the activities of the institution or the provision of which is the direct duty of the service. Employees do not have the motives and skills to search for the necessary information.
“Specialists of the authorities are ready to provide citizens with the necessary information. The problem is that this information is not available in those authorities that citizens first turn to, that is, in municipal authorities. Information is held by regional authorities, whose competence does not include conducting receptions of the population.
Conclusions on the results of the experiment, research
Perm Regional Human Rights Center
"Problems with the realization by citizens of the right to access to information"
In some cases, access to information is limited to direct vested interest civil servants or departmental interests of authorities, when for one reason or another it is beneficial for them to hide information.
“There is no access to information. Why it happens? Because an economic or political resource is involved here. Even by direct order of the head of the city, it is impossible to get. The reason here is the personal interest of employees. The system is so opaque that even the highest leaders spend an enormous amount of time and effort to understand what is happening in their department, how information circulates.”
From interviews with NGO representatives
(Based on a study by the Perm Regional Human Rights Center
"Problems with the realization by citizens of the right to access to information")
“The current legal norms oblige Rostekhregulirovanie to place on its website all state standards the quality of products manufactured and sold in Russia. However, instead of the texts of the standards on the website of Rostekhregulirovanie, until recently, there are only links to the "online stores" of two organizations offering to purchase the texts of GOSTs for not at all symbolic money. Thus, Rostekhregulirovanie violated the law and created conditions for illegal trade in official socially significant information. Back in 2005, the Institute for the Development of Freedom of Information appealed against the illegal actions of Rostekhregulirovanie. However, Rostekhregulirovanie is currently ignoring both the Decree of the Government of the Russian Federation and the decision of the court.”
The concealment of information is also associated with the desire of officials to protect their activities from possible public disturbances and pressure, which are considered as interference in their work, or the desire to protect themselves from public assessments and curiosity, especially in situations related to the transparency of internal rules.
“There is a severe conflict of interest regarding “internal” documents (regulating the official duties of officials) - people actively want to see them, and it is important for them that access be simple (“hang it up in the subway”, “put it on the Internet”, “so that job description hung on the wall in the institution”), and officials actively do not want to show these documents. Officials are afraid of open access to the internal instructions of institutions, such a requirement is perceived as a threat.”
From the study "Problems of regulation of information relations
through the eyes of the population of Russia", Press Development Institute, 2005
Despite the prevalence of the practice of unjustified refusals to provide information, there are practically no cases of bringing violating officials to justice.
In some cases, the state itself does not know what it has, since there is no clear system for registering information resources and exchanging information. Bureaucratic rivalry hinders the exchange of information even in related departments and institutions, they remain informationally isolated, often information and work methods are considered as a commodity, a “trade secret” and an additional resource in the competition between departments.
“According to some studies, 95% of the databases of federal departments remain closed not only to citizens and businesses, but also to interested departments.”
Parakhina O.V., Polyak Yu.E. Constitutional right to access information
and problems of its implementation.
Abstracts of the report at the International Conference "Universal Access to Information", 2004 // http://confifap.cpic.ru/spb2004/rus/reports/report_130.html
“Each ministry creates duplicate information resources. For example, according to Roskartografiya, the territory of Russia was digitized by various departments for budgetary funds four times, and the maps do not fit together.”
“The government will rewrite Electronic Russia”
// Newspaper "" Vedomosti "", No. 165 (965) dated 12.09.2003
Of particular note are the problems of access to information held by large corporations and monopolies, since it is they who can actually be responsible for the implementation of social policy in certain territories. However, due to the fact that the information activity of corporations is outside the scope of legal regulation, citizens who are interested in receiving this or that socially significant information from the corporation cannot fully exercise their rights.
INITIATIVES OF AUTHORITIES AND PUBLIC ORGANIZATIONS TO EXPAND THE OPPORTUNITIES FOR INFORMATION AND ACCESS TO INFORMATION
In recent years, the implementation of government programs and initiatives has begun in Russia, directly or indirectly affecting the issues of ensuring access to information, increasing the openness and transparency of government. Most of the initiatives are inextricably linked with the implementation of administrative reform and the reorganization of government. In 2006, the Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” and the Federal Law “On Personal Data” were adopted, which regulated the access of individuals to information about themselves. Since February 2003, Decree of the Government of the Russian Federation No. 98 “On Ensuring Access to Information on the Activities of the Government of the Russian Federation and Federal Executive Bodies” has been in force, which approves a list of mandatory information about the activities of government bodies and obliges them to publish on the Internet all information located at their disposal, which, in accordance with the law, is not subject to the restricted access regime.
In 2007, the Government of the Russian Federation submitted to the State Duma a draft federal law"On ensuring access to information about the activities of state bodies and local governments." In addition to the bill, there is a concept developed by the Ministry of Economic Development of the Russian Federation for ensuring citizens' access to state information. "The concept of using information technologies in the activities of federal government bodies until 2010", adopted by the Government of the Russian Federation in September 2004, uses the term "electronic government" for the first time. The concept provides for measures to increase the information openness of federal government bodies, the availability of information for citizens, as well as the creation of public control mechanisms, including: the creation of Internet resources containing information about the activities of government bodies and a unified navigation system for them, the infrastructure of public access points, systems for recording and processing citizens' requests for information and monitoring their execution, systems for publishing and distributing data on the performance of federal government bodies, mechanisms for public education of citizens in the field of their rights and opportunities to use technology " e-government" and etc.
In 2006, the Government of the Russian Federation approved the "Concept of Regional Informatization until 2010" and its appendix "Basic Principles of Functional Subsystems and Infrastructure Elements of the Electronic Government of the Region". The Concept refers to the creation of an infrastructure to ensure citizens' access to information, the need to improve legislation, develop standards, develop software and hardware, etc. etc.
One of the new trends is the ability to provide services to inform citizens through non-governmental organizations on the terms of outsourcing (paid order).
The public, in turn, is also active and in every possible way stimulates the authorities to accelerate their movement towards openness, accessibility and accountability. Public organizations create and promote new rules that humanize the field government controlled(eliminate administrative barriers, protect consumer rights). Thus, at the suggestion of the Center for Anti-Corruption Research and Initiatives "Transparency International - Russia", after the development in 2001 of the Concept of securing the right of citizens to access information about the activities of public authorities and local government, progressive laws were adopted in several regions of Russia, securing the right of citizens for access to information.
Non-governmental organizations conduct special monitoring, research, surveys public opinion and based on the expectations of citizens formulate proposals and demands to the authorities. A number of active non-governmental organizations have specialized for many years in promoting freedom of speech and the right to access information. Thus, in 2002, the Central Black Earth Center for the Protection of Media Rights conducted a study of the accessibility of government bodies and state information resources. In the same year, the Human Rights Foundation "Commission on Freedom of Access to Information" conducted a sociological survey and prepared methodological recommendations on the formation of an information strategy for local governments. The draft strategy lists the criteria for information openness, which should be guided by local governments. From 2004 to the present, the Institute for the Development of Freedom of Information (IRSI) has been monitoring the information openness of federal authorities. In 2006, the Institute for the Development of Freedom of Information and UNESCO WFP “Information for All” announced the start of a study in the field of the actual implementation in Russia of the rights of citizens to access to information, the results of the study will be presented in the Report on the observance of the right to access to socially significant information in Russia. Such studies, as well as numerous media appearances, round tables, conferences and discussions, maintain constant attention to the problems of access to information. The accumulated experience allows NGOs to formulate proposals to improve the situation, including on the terms of the state order. For example, in 2005, under the leadership of the Institute for Press Development, commissioned by the Ministry of Economic Development and Trade of the Russian Federation, a study “Problems of regulating information relations through the eyes of the population of Russia” was conducted - the authors analyzed the ideas of citizens about their information rights and formulated on their basis the minimum requirements for the management of public services.
The topic of access to information and openness of government bodies is beginning to sound not only from the lips of experts and professionals, but to be let out as a “people's” problem, directly close to people and affecting everyone. For example, in 2006, the Profile magazine published a rating of state institutions, where they were evaluated by the number of unpleasant emotions that an average person has after visiting them. The main leitmotif in making assessments was the criterion of information availability, ease and comfort in obtaining it.
PRIORITIES FOR ENSURING THE RIGHT TO INFORMATION
The availability of information in modern conditions is determined not so much by its openness as by the degree of awareness of citizens, that is, the ability to receive meaningful, easily interpretable information at the right time in the required volume and understand its meaning. Thus, awareness is not identical with the potential ability to find and read any information. Awareness implies the timely receipt by a person of significant information, regardless of whether he knows about its existence or not, understanding the content and meaning of the information provided. Therefore, today one of the important criteria for awareness can be called the possibility of using this information to defend one's own or public interests. The state, on its own initiative, must take special actions so that citizens are informed. At the same time, the awareness of citizens should cover not only the information necessary for the citizen to exercise his own rights and obligations, but also any information of public importance.
1. Ensuring the right to information about information
The requirement of simply unlimited access to information is irrelevant. Under-information of citizens can also arise in conditions of information redundancy. It is not always possible for a person to orient himself and highlight what is important for him in the flow of information generated by the authorities. On the other hand, citizens may not apply with a request for information simply because they do not know about such a possibility, about the existence of such information, about its significance for the exercise of their rights and obligations. In this regard, the further, the more important the right to information about information (the right to meta-information) becomes.
2. Ensuring the right to humanization of information (correspondence to the needs of a person, characteristics of his personality) and non-discrimination
Information that is essential for a person is often presented by the authorities in an inconvenient form, in inaccessible media and in a language incomprehensible to citizens. Therefore, it is necessary to implement the requirement of informing humanization (the method and content of informing should be “proportionate” to the person) and introduce new rules: through ensuring a variety of forms for receiving and providing information that take into account the characteristics and preferences of different population groups, their knowledge, skills, experience and group information networks.
3. Ensuring the right to initiative and timely targeted informing by the state of citizens on socially significant issues
Widespread informing the population by the authorities through newspapers and Internet sites does not increase the awareness of the population, since the information provided is redundant, often not adapted for understanding by the target audience. There are no simple and convenient information retrieval systems. Therefore, an increase in the volume of data only avalanche-like increases the costs of the population for the selection of the necessary information. Therefore, a person has the right to expect that the authorities will take initiative measures to target the provision of information of a significant nature to potentially needy groups of the population in an amount sufficient to enable citizens to act, exercising their rights and obligations.
4. Ensuring the right to request - the right to a mandatory, timely and meaningful (meeting the interests of the applicant) response to the request
The priority substantive type of information becomes the receipt by the citizen from the authority of an answer on the merits in the case of providing information “on request” (both information that directly concerns the applicant and information that is of public interest). At the same time, it should be taken into account that state and municipal employees still have a wide range of discretionary powers, allowing them to provide or not provide information at their discretion.
5. Encouragement of independence and activity of citizens in providing themselves with information
The state continues to be the most important generator of information that citizens need to exercise their rights and freedoms and protect public interests. At the same time, it does nothing to expand the field of activity in which citizens could act as independent subjects of information search, where there would be no artificial barriers in the form of various administrative procedures, shared resources were available. Opportunities for independent access to information, without contacting the authorities with a request, are still limited.
1. ENFORCEMENT OF THE RIGHT TO INFORMATION ABOUT INFORMATION
methods of information search should be well-known, understandable, cost-effective, do not require special training, skills and knowledge;
Search for information should be provided by the organization of a meta-information system - special information resources about where and how you can get the necessary information;
· the search for information should be provided by the organization of the dispatching system - the possibility of obtaining advice on the search for official information;
· Institutions and authorities should guarantee the availability of information about their activities and about what information resources they have at their disposal.
1. Publish lists of information and resources held by the authorities. In order to obtain information from official sources, it is important to have a clear idea of what kind of information certain departments have. It is necessary to structure and systematize large amounts of information to facilitate search opportunities, create special catalogs, electronic directories and search databases).
2. Implement standards for informing visitors to state and municipal institutions and services on the order of work and dissemination of other essential information through information stands and dispatch services. Facilitate access to information, publish and distribute it at reception centers, on websites. Provide a full-fledged web presence of authorities on the Internet.
3. Create state dispatching and information and reference services that help in finding official information (where to go for the necessary information, what kind of information can be obtained from this or that department, on what conditions). Create systems for searching for official information on the Internet.
4. Interact with public networks for the dissemination of socially significant information. Develop points of public access to socially significant information.
5. To formalize the requirements for information exchange between institutions and departments of all levels that carry out related activities. Create internal interdepartmental information resources and information retrieval systems.
2. ENSURING THE RIGHT TO HUMANIZE INFORMATION (CONSUMER CONFORMITY) AND NON-DISCRIMINATION
Basic requirements for ensuring the right:
· Obtaining information should be easy for citizens;
· the state should provide a variety of forms of providing information;
information that is officially distributed should be accessible to everyone;
1. Take into account group preferences and social conventions in matters of access to information. To study the existing barriers and restrictions in access to information that are relevant for certain categories of citizens. Introduce the practice of sociological survey of consumers of public services and public servants. Develop feedback mechanisms (“helplines”, “hotlines”, Internet conferences, etc.), rely on the established “people's experience” and even stable stereotypes when planning the parameters of information dissemination activities.
2. Provide a variety of forms and channels for the dissemination of information, both private and public. Create and disseminate information in the most convenient formats, taking into account the interests and preferences of citizens and certain vulnerable categories. Create conditions for obtaining information on the principle of "one window". Support initiatives to disseminate information materials in national languages.
3. Ensure the availability and ease of obtaining information. Publish popular commentaries on laws and regulations that make it easier for citizens to understand a particular language legal documents. Guarantee the possibility of access to socially significant information regardless of the place of residence. Create conditions for equal access to information disseminated through information and telecommunication networks.
4. Ensure the adaptation of official information in order to better understand it by the population. To do this, create special services in the structure of government departments and institutions responsible for the adaptation and publication of official information. Include in the list of official duties of state and municipal employees the functions of adapting information provided at the request of citizens. To formalize the duties of officials to explain to citizens the rules for filling out documents and providing information.
5. Implement measures that help to better navigate the flow of information, facilitate its search. Create reference, consulting and dispatching services, information stands, reference manuals addressed to certain groups of the population, etc. Involve non-governmental organizations in such activities.
6. Develop the development of information products and services for people with special needs (eg those with mobility difficulties). Each institution must ensure that information is available to people with special needs whom the institution is required to inform.
3. ENSURING THE RIGHT TO INITIATIVE TARGETED INFORMATION BY THE STATE OF CITIZENS ON SOCIALLY SIGNIFICANT ISSUES
Basic requirements for ensuring the right:
dissemination of information should be timely, from the point of view of observing the interests of the consumer;
information that has social significance should be processed and disseminated;
information that is especially relevant and significant for the realization of the rights and interests of a person or group should be disseminated in a targeted manner and emphasized;
· the form of information provision should take into account the preferences and limitations of individuals and target groups.
1. Guarantee the timely provision of information to citizens about the content of the changes in relation to their rights and obligations. Publish legal information, laws, decisions, regulations, departmental instructions, taking into account the capabilities and limitations of target groups and individuals. Timely and purposefully inform citizens about the content of changes in legislation in relation to their rights and obligations.
2. Disseminate information through effective public networks (including on the terms of outsourcing - a paid order). Ensure free access of interested NGOs to official information. Create permanent communication channels and information dissemination infrastructure among non-profit organizations and initiative groups.
3. Guarantee the disclosure and wide dissemination of socially significant information, including making special efforts to make it understandable and reach those categories of citizens who are most interested in receiving it.
Adhere to clear and predictable rules for the publication and dissemination of information that have proven to be effective.
4. ENSURING THE RIGHT TO REQUEST - THE RIGHT TO A MANDATORY, TIMELY AND SUBSTANTIVE (MEETING THE INTERESTS OF THE APPLICANT) ANSWER TO THE REQUEST
Basic requirements for ensuring the right:
quality standards for providing information upon request should be formalized and recorded in official duties civil servants;
requests for information must be processed promptly and impartially;
· the response to the request must contain complete, accurate, timely information on the merits of the request, set out in a form accessible to the applicant;
· Refusal to provide information must be justified and leave room for appeal;
· Applicants should be able to obtain additional clarifications and consultations;
· the procedure for applying with a request should be as simple and economical as possible, the state should provide a variety of ways to contact the authorities;
· The cost of obtaining information should not be excessively high so as not to discourage citizens from making inquiries.
1. Formalize requirements for the quality of information provision, implement relevant rules and standards, and provide such standards with administrative procedures and funding. Provide measures of personal liability of officials for unlawful or unmotivated refusal to provide profile information or provision of incomplete, inaccurate or untimely information.
2. Provide for citizens the opportunity at any time to receive information about the stage at which the preparation of a response to a request is and the name of the responsible official who is preparing the response, including the possibility of remote access to such information.
3. Provide for various forms of requesting information (orally, in writing, by phone, by e-mail, through the Internet).
4. Limit the collection of fees for the provision and processing of information, provide for a single list of paid services, the general procedure, grounds and tariffs for payment for services for the provision of information. The prices set should not exceed the costs of distribution (copying and forwarding). Information disseminated online must be free of charge.
5. Develop institutions for the protection of the right to access to information (inspections or bodies for appeal, incl. administrative courts; bodies registering data banks) to create unified information dispatching centers. The need for timely information that can allow a person to exercise their rights and obligations in full requires the existence of accelerated procedures for protecting the right (not canceling the judicial one).
5. ENCOURAGING THE INDEPENDENCE AND ACTIVITY OF CITIZENS TO PROVIDE THEIRSELF WITH INFORMATION
Basic requirements for ensuring the right:
· the state should provide legislative guarantees of maximum openness of publicly significant information;
· the list of classified information should be clear and limited, and the classification procedure should include a strict system of protection against abuse;
· in cases of violations of the rules for providing information, officials should bear personal responsibility;
information that is disseminated by the authorities should be accessible to everyone;
· the rules for the provision, production and storage of information should take into account the needs of independent search for information;
· opportunities for protection should be supported by the presence of independent institutions for the protection of rights;
· Mechanisms for communicating information should be chosen on an alternative basis while maintaining public responsibility and guarantees of ensuring that information is provided.
1. Open access to all information at the disposal of the authorities that is of public interest, except for that classified by the Law as restricted access.
2. Define in detail the rules and procedures for ensuring access and disclosure of information. Define clear and understandable grounds for classifying information as restricted access, regulate the concept of proprietary information, limit the list of classified information, and guarantee protection against abuse. Recognize as unlawful the refusal to provide information, except in cases where the disclosure of information poses a threat to the goals clearly stated in the law and the alleged damage from disclosure is greater than the public interest in this information.
3. Publish departmental lists of information classified as classified information. Publish information that reflects the activities of authorities, the process and results of decision-making, for example, lists of incoming and outgoing correspondence of authorities, activity reports, results of inspections and audits, etc. Create other conditions for public control over the validity of classifying departmental information as restricted access.
4. Recognize legal effect and the authenticity of data disseminated in electronic formats. To oblige subjects distributing official information to provide the necessary and reliable information about the source of information and the ability to compare the disseminated information with the original.
5. Create opportunities for independent search for information. Create web resources that provide the disclosure of relevant information of public interest. Ensure the availability of lists of information, information resources at the disposal of the state and individual departments, and meta-information. Develop interactive services for providing information and rendering public services.
6. Provide rules and procedures governing the procedure for access to archives and primary sources, as well as to meetings of authorities and local self-government.
7. Whenever there is no direct need to create anonymous access opportunities in identifying the applicant.
8. To support the self-organization of citizens regarding providing themselves with information, including the formation of alternative non-state networks for the dissemination of information.
1. Seek accountability of officials whenever there is a failure to comply with the requirements for proper reporting, including public condemnation. Widely disseminate successful precedents. Use all available forms of civil "retribution" - pre-trial and judicial, and civil (public censure, blacklists, special "awards", etc.)
2. To carry out an examination and monitoring of any political and strategic initiatives of the authorities in order to respect the right of citizens to receive essential information. Monitor regulations for the development or curtailment of institutions for ensuring the right to information and administrative procedures for the existence of barriers to access to information. Conduct “test drives” of openness and quality of responses to requests, draw the attention of authorities to problems in the quality of information provision. Achieve mass public coverage of identified problems.
3. Explore the possibilities of creating additional guarantees, rules, measures to increase the availability of information. Research and formulate group preferences in matters of informing and put forward appropriate systemic requirements for authorities in the format of a public order. Participate in the design and examination of tools and specific solutions that ensure the availability of information.
4. Together with the authorities, create successful precedents for the "humanization of the information service." Use the opportunities of administrative reform to incorporate information accessibility requirements into administrative procedures.
5. Stimulate public attention to the problems of access to information. Use procedures for public discussion of topical issues - the amount of information available and the quality of its provision, use any possible platforms and formats for discussion - round tables, conferences, discussions, debates, negotiations, talk shows, public lectures, etc.
6. Increase the competence of citizens in matters of protecting the right to information and their independence in resolving contentious issues. Raise the awareness and level of legal awareness of citizens, promote the development of practical skills, incl. to disseminate simple practical recommendations on the implementation and protection of the right to access to information and successful experience of protection at the level of everyday life. Educate civil servants on the principles of ensuring the right to access to information.
7. Promote the creation of independent institutions for the protection of the right to access to information, including with the requirement of state support for some of the independent institutions (for example, under the Commissioner for Human Rights).
8. Moderate conflicts related to the demands of citizens to provide information.
9. Disseminate information through effective public networks (including on the terms of outsourcing - a paid order).
10. Create and maintain socially significant information resources: legal, educational, environmental, consumer.