Article
100. Everyone has the right to freedom of expression which
includes the right to freely receive, keep and distribute
information and to express their views. Censorship is
prohibited.
Article 104. Everyone has the right to address submissions
to State or local government institutions and to receive
a materially responsive reply.
Article 115. The State shall protect the right of everyone
to live in a benevolent environment by providing information
about environmental conditions and by promoting the preservation
and improvement of the environment.(1)
•
Undernourished people (% of total population),
2000/03: 4
•
Population with sustainable access to an improved
water source (%), 2002: N/A
Source:
UN Development Program, Human Development Reports
Data
The
Law
on Freedom of Information was signed into law by the
State President in November 1998 and has been amended a
number of times recently.(2) Any person
can ask for ask for information in "any technically
feasible form" without having to show a reason. The
request can be oral or written. Bodies must respond in 15
days.
The
law creates two categories of information - "generally
accessible" and "restricted". Information
can only be limited if it is intended for a limited group
of people and the disclosure would hinder the work of the
institution or harm a person's legitimate interest. To be
restricted, it must be restricted by another law, for internal
use of an institution, a trade secret not relating to public
procurements, about the private life of an individual, concerns
certification, examination, project, tender and similar
evaluation procedures, or relates to state security but
not a state secret.
There
is a right of internal appeal to the head of the institution
or a higher authority. The State
Data Inspectorate was given oversight authority starting
in January 2004.(3) Between 10 to 20 percent
of its complaints have been related to FOI cases. It also
has conducted some educational activities and given advice
but its activities have been limited of a lack of additional
funding.
Appeals
can also be made to a court. The Constitutional Court ruled
in 1999 that a regulation issued by the Cabinet of Ministers
restricting access to budget information was void because
it violated the FOI Act.(4) The Administrative
Court ruled in January 2005 that the Prosecutors General's
office is subject to access requests.
The
law was amended in December 2005 to implement the EU Directive
on the re-use and commercial exploitation of public sector
information (2003/98/EC)(5) and the EU
Environmental Information Directive (2003/4/EC). The amendments
have made some substantive improvements to the workings
of the law. The right of access was further clarified and
strengthened. The duration for restricted information was
limited to one year, subject to renewals. It also required
institutions to create information registers and make those
available on the body's website and allowed requesters to
obtain information in the format of their choice. New regulations
are currently being developed to implement the revised act,
including on fees. There are currently efforts to amend
the law to limit the scope of the exemption for NATO-related
information.
Implementation
has improved somewhat but there are still problems. Early
surveys found a serious lack of resources and training.(6)
The GRECO Evaluation team in 2004 recommended that "measures
be taken to enhance easier access to public information,
above all at local level."(7) The
situation has gotten better due to a new law on administrative
procedure which improved decisions and appeals, government
commitments to improve anti-corruption mechanisms, and pressure
from civil society, journalists, court cases and international
organizations. The amendments are expected to improve practices
by limiting the discretion of officials to withhold information
but the right of information is still not considered strong
enough by civil society groups.
The
State Secrets Act sets rules on levels the protection of
classified information. It was adopted in 1996 and amended
in 2001.(8) It is overseen by the Constitutional
Protection Bureau. The Constitutional Court ruled in 2003
upholding the regulations on security clearances.(9)
The
Centre for the Documentation of the Consequences of Totalitarianism
was placed in charge of the files of the former KGB that
were not destroyed or taken back to Moscow in 1991. The
records include 5,000 index cards of informers.(10)
The Center was moved in November 2002 to become part of
the Constitutional Protection Bureau.(11)
The Parliament voted overwhelmingly in May 2004 to release
thousands of KBG files but the President refused to approve
it. The Parliament's approved a revised bill in June 2006
to publish information on KGB agents in the official newspaper
following the October 2006 election.
The
Law
on Personal Data Protection allows individuals to obtain
and correct their own records held by public or private
bodies.(12) It is overseen by the State
Data Protection Inspectorate.
The
Law
on Archives provides for open access to files held by
the state archives after 10 years for most records.(13)
The
Law
on Environmental Protection requires authorities to
publish information relating to environmental matters and
authorizes citizens to demand information from agencies.(14)
Latvia signed the Aarhus Convention in 1998 and ratified
it in 2002. It signed the Protocol on Pollutant Release
and Transfer Registers in 2003.
"A
1999 Cabinet of Ministers regulation provides
a mechanism for public access to government information.
The Government generally respected the regulation
in practice."
1)
Voice and Accountability: 0.96
2) Political Instability and Violence: 0.95
3) Government Effectiveness: 0.60
4) Regulatory Burden: 1.02
5) Rule of Law: 0.48
6) Control of Corruption: 0.23
