2004 freedominfo.org Global Survey Results - Albania
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Article 23 of the 1998 Constitution states:

1. The right to information is guaranteed.
2. Everyone has the right, in compliance with law, to get information about the activity of state organs, as well as of persons who exercise state functions.
3. Everybody is given the possibility to follow the meetings of collectively elected organs. (1)

In addition, Article 56 provides, "Everyone has the right to be informed for the status of the environment and its protection."

The Law on Right to Information for Official Documents was enacted in June 1999. (2) The law allows any person to request information contained in official documents. This includes personal information on individuals exercising state functions related to the performance of their duties. Public authorities must decide in 15 days and respond within 30 days.

There are no exceptions in the law for withholding information. Documents can be withheld only if another law (e.g. the laws on data protection or classified information) restricts their disclosure.

Government agencies are required to publish their location, functions, rules, methods and procedures. Documents that have been previously released and those that the public authority deems important to others must also be published.

The People's Advocate (Ombudsman) is tasked with oversight of the law. Under the statute setting up the office, the Advocate is an independent office elected by three-fifths of Parliament for a five-year term. (3) The Advocate can receive complaints and conduct investigations. As part of an investigation, he can demand classified information from government bodies. Once he has completed an investigation, the Advocate can recommend a criminal investigation, court action or dismissal of officials for serious offenses.

Implementation of the law has been limited. The act is not well known and there are a low number of requests. Many public bodies have not appointed and trained information officers to implement the act and there is little record keeping of requests. The OECD in a 2002 report on anti-corruption efforts noted that, "there are no adequate mechanisms in place to provide full access to information." (4) The OECD recommended that the government, "[a]ctively enforce the recently enacted Right to Information Law by publicizing standard procedures and establishing information cells in each institution where the public can request information."

Law No. 8457 on Classified Information regulates the creation and control of classified information. It creates a Directorate for the Security of Classified Information to enforce security rules. It was adopted to ensure compatibility with NATO standards. (5)

The Law on the Protection of Personal Data allows for individuals to access their own records held by public and private bodies. (6) It is overseen by the Ombudsman.

Albania signed the Aarhus Convention in 1998 and ratified it in 2001. (7) The Law on Environmental Protection was adopted in 1993. A law on access to environmental information is pending. In 1998, the Minister of Health and Environment issued Guidelines on environmental information and public access to environmental information. (8)

Notes

1. Constitution of Albania, 1998. http://www.ipls.org/services/kusht/contents.html.

2. The law on the right to information over the official documents, No. 8503, June 30, 1999. http://www.ijnet.org/FE_Article/MEdiaLaw.asp?CID=25165&UILang=1&CIdLang=1

3. Statute No. 8454, dated 4.2.1999 on People's Advocate. http://www.law.nyu.edu/eecr/bycountryrefs/albaniaPeopleAd.html.

4. OECD, Anti-corruption Measures in South Eastern Europe: Civil Society's Involvement (OECD 2002).

5. See Ministry of Defense of Albania, Restructuring of the Armed Forces 2002-2010.

6. Law on the Protection of Personal Data, No.8517, dated 22.07.1999.

7. Law no. 8672, 26 October 2000. For more information on environmental access, see UNECE, Environmental Performance Reviews - Albania, November 2002. http://www.unece.org/env/epr/studies/albania/welcome.htm

8. No. 7, dated 19 January 1998.