2004 freedominfo.org Global Survey Results - Lithuania
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 25(5) of the Constitution states: "Citizens shall have the right to obtain any available information which concerns them from State agencies in the manner established by law."

The Law on the Provision of Information to the Public states: "Every individual shall have the right to obtain from State and local authority institutions and agencies and other budgetary institutions public information regarding their activities, their official documents (copies), as well as private information about himself." (1) State and local governments must provide the information under the Law on the Right to Obtain Information from State and Local Government Institutions enacted in January 2000. (2) Requests must be in writing and include the name and address of the individual asking for information. Requests must be acted on within 14 days.

Information that is a state, official, professional, commercial or bank secret under another law cannot be disclosed. Also exempted are other information protected by law and whose disclosure would cause damage to interests of state security and defense, foreign policy interests and criminal prosecution. Similarly, information that endangers the territorial integrity of the state or puts public order at risk can be withheld. Information must be released if nondisclosure would result in serious violations of the law or harm human health.

Appeals can be made to an internal administrative commission and then to an administrative court.

The Law on State Secrets and Official Secrets sets rules on the protection of classified information. It was enacted in 1999 to adopt NATO standards, replacing the 1995 Law on State Secrets and Their Protection. (3) It is overseen by the Commission for Secrets Protection Co-ordination. The Constitutional Court in 1996 ruled that several provisions of the 1995 act were unconstitutional. (4)

In November 1999, Parliament enacted the Law on Registering, Confession, Entry into Records and Protection of Persons Who Have Admitted to Secret Collaboration with Special Services of the Former USSR to vet public officials who worked with the Soviet-era secret police. (5) Those who refuse to admit ties with the secret police face having information about their activities under the communist regime made public.

The Law on Legal Protection of Personal Data allows individuals to access and correct personal information held by public and private bodies. (6) It is enforced by the State Data Protection Inspectorate. (7)

The Law on Archives requires that state institutions transfer most documents after 15 years. (8) Secret documents are to be kept for 30 years by the institution and access is regulated by the Secrets Law.

Lithuania signed the Aarhus Convention in June 1998 and ratified it in 2002. Access to environmental information is based on a 1999 order on public access to environmental information. (9)

Notes

1. Law on Provision of Information to the Public. July 2, 1996 No. I-1418 (as amended by June 20, 2002 No. IX - 972). http://www3.lrs.lt/cgi-bin/getfmt?c1=w&c2=170831

2. Law on Right to Receive Information from State and Municipal Institutions, No VIII-1524.
adopted on 11 January 2000.

3. The Law on State Secrets and Official Secrets. No. VIII - 1443, November 25, 1999. (amended as of 20 November 2001. No. IX - 613). http://www3.lrs.lt/cgi-bin/getfmt?c1=w&c2=157736. See NATO, Background information on the Lithuanian National NATO Integration Programme, 1999-2000. http://www.nato.int/pfp/lt/current/ANP/anp2000.html

4. Case 3/96. 9 December 1996. http://www3.lrs.lt/c-bin/eng/preps2?Condition1=42645&Condition2=

5. Law on Registering, Confession, Entry into Records and Protection of Persons who Have Admitted to Secret Collaboration with Special Services of the Former USSR. No. VIII-1436. November 23, 1999. As amended by June 13, 2000. No. VIII-1726. http://www3.lrs.lt/cgi-bin/getfmt?c1=w&c2=123807

6. The Law on Legal Protection of Personal Data, No. IX-1296. 21 January 2003. http://www3.lrs.lt/cgi-bin/getfmt?c1=w&c2=208886

7. Home Page: http://www.ada.lt/index.php?lng=en

8. Law on Archives. 5 December 1995 No. I-1115. http://www3.lrs.lt/cgi-bin/getfmt?c1=w&c2=95208

9. Government Resolution No 1175 On Approval of the Order on Public Access to Environmental Information in the Republic of Lithuania, adopted on 22 October 1999; Order of the Minister of Environment No 273 On the Regulation on Possession of Documentation, Provision of Information Under the Public Requests and Visitor Service in the Ministry of Environment, adopted on 04 July 2000.