2004 freedominfo.org Global Survey Results - Kosovo
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)

Kosovo is a province of Serbia under the administration of the United Nations Interim Administration Mission in Kosovo (UNMIK). The Assembly of Kosovo approved the Law on Access to Official Documents on 16 October 2003. (1) It was approved by UNMIK with two changes on exemptions on 6 November 2003. (2)

The law allows any "habitual resident" or person eligible to be a resident of Kosovo or natural or legal persons in Kosovo to have a right of access to documents held by any Provisional Institution of Self-Government (PISG), municipality, independent bodies set up under the Constitutional framework or Kosovo Trust Agency. The institutions may also grant the rights to non-residents. The request can be made in written or electronic form. Institutions must respond in fifteen working days.

There are exemptions if disclosure would undermine: the public interest in public security, defense and military matters, international relations or the financial monetary or economic policy of the PISG; the privacy and integrity of an individual; or the commercial interests, court proceedings, or the purpose of inspections, investigations or audits. The government must draft a list of documents to be exempted. There are also exemptions for internal documents prior to the decision being made or if it would seriously undermine the decision making process. The exemptions may apply for a maximum of thirty years. The body must consider if there is an overriding public interest in disclosure including if there is a failure to comply with legal obligations, existence of criminal acts, abuse of authority or neglect, unauthorized use of public funds or danger to the health or safety of the public.

One of the two changes imposed by UNMIK gave UNMIK control over access and classification of documents relating to security, defense, and military matters, external relations and monetary policy under the international control.

Appeals of denial are first back to the body asking it to reconsider and then can be made to a court of to the Ombudsperson Institution. (3)

Each institution is required to create a register of documents, if possible in electronic form. Each document should be recorded in the register with a reference number, title and description and date it was created or received. Institutions are required to make documents available directly though an electronic register, especially legislative documents and those relating to the development of policy and strategy. Each institution is also required to produce an annual report on cases of denials with reasons and the number of sensitive documents not recorded in the register.

The Law on Access to Official Documents recognizes that there should be law on data protection that would allow individuals access to their personal information held by public and privacy bodies. However, it has not yet been adopted.

The Ombudsman in March 2004 wrote to Prime Minister Bajram Rexhepi urging the adoption of a law on the official publication of laws. (4)

Notes

* For purposes of this compilation, we have included separate pages for national entities with federal freedom of information laws, regardless of whether or not these entities are formally designated as "countries." Kosovo is currently a legal part of the federation of Serbia & Montenegro; however, the government operates independently under the governance of the United Nations Interim Administration Mission in Kosovo (UNMIK).

1. Law on Access to Official Documents. No. 2003/12. http://www.unmikonline.org/regulations/2003/RE2003_32 .pdf.

2. United Nations Interim Administration Mission in Kosovo, Regulation No. 2003/32 on the Promulgation of a Law Adopted by the Assembly of Kosovo on Access to Official Documents, 6 November 2003.

3. Homepage: http://www.ombudspersonkosovo.org/

4. Letter to Prime Minister of Kosova concerning publication of laws, March 2004.