2004 freedominfo.org Global Survey Results - Moldova
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 34 of the Constitution provides for a right of access to information. It states:

(1) Having access to any information of public interest is everybody's right that may not be curtailed.
(2) According with their established level of competence, public authorities shall ensure that citizens are correctly informed both on public affairs and matters of personal interest.
(3) The right of access to information may not prejudice either the measures taken to protect citizens or national security.
(4) The State and private media are obliged to ensure that correct information reaches the public. (1)

In addition, Article 37 provides for a right to environmental, health and consumer information: "(2) The State guarantees every citizen the right of free access to truthful information regarding the state of the natural environment, living and working conditions, and the quality of food products and household appliances."

The Law on Access to Information was approved by Parliament in May 2000 and went into force in August 2000. (2) Under the law, citizens and residents of Moldova can demand information from state institutions, organizations financed by the public budget and individuals and legal entities that provide public services and hold official information. Institutions must respond within 15 working days.

Information can be withheld to protect state secrets related to military, economic, technical-scientific, foreign policy, intelligence, counterintelligence and investigation activities if disclosure would endanger the security of the state; confidential business information submitted to public institutions under conditions of confidentiality; personal data whose disclosure may be considered as intrusions into privacy; information related to the investigative activity of corresponding bodies; and information that represents the final or intermediary results of scientific and technical research. Information providers must prove that the restriction is authorized by law, necessary in a democratic society for protection of rights or legitimate interests of the person or national security and that the damage to those interests would be larger than then the public interest in disclosing the information.

Appeals about refusals, delays, fees and damages can be made to the top management of the department that holds the information or its superior body. If they are not satisfied, they can appeal directly to the courts. They can also appeal to the Ombudsman.(3)

The Administrative Code and Criminal Codes were amended in 2001 to allow for imposition of fines and penalties for violating the Access Act. (4)

Implementation of the law has been limited. The Freedom of Expression and Access to Information Promotion Centre released a report in May 2003 finding that, "the implementation of the Law on Access to Information remains extremely tedious, despite efforts made by non-governmental organizations to hasten the process. Rule of law education and enforcement as well as general education about freedom of information are necessary next steps." (5) In a 2001 report, "The Mirage of Transparency," the Centre surveyed 200 national and local public authorities and found that many were either unaware of the law or chose to ignore it. (6) In November 2001, the Centre released a report surveying journalists which described the Act as a "dead letter." (7) The U.S. State Department in its 2001and 2002 Human Rights Reports noted, "few individuals know of this right, and government organizations largely did not comply with the law. Government organizations claimed they did not have the resources to fulfill such requests." (8)

The Law on State Secrets sets rules of classification of information relating to the military, economic, science and technology, foreign affairs and intelligence. (9) It sets three levels of classification for state secrets - "extreme importance", "strict secret", and "secret" and creates an "Inter-department commission for state secret protection" to coordinate.

Moldova signed the Aarhus Convention in June 1998 and ratified it in August 1999. The Parliament rejected a Draft Law on Access to Environmental Information in December 2002, saying that the general access law was sufficient. The Parliament approved in the first reading an amendment to the Law on Access to include environmental access in March 2003 The 2003 report from the Information Access Center found "national legislation ensures an efficient judicial framework for the achievement and protection of the right to access environmental information."

The Law on Archival Fund sets rules on the retention of documents and their access. (10) Personal information can be kept secret for 75 years.

Notes

1. Constitution of the Republic of Moldova, Adopted on July 29, 1994. http://xiv.parlament.md/en/legalfoundation/constitution/

2. Access to Information Law, No 982-XIV, 5.11.2000.

3. Homepage: http://www.iatp.md/cpdom/

4. Committee for the Protection of Journalists, Attacks on the Press 2001: Moldova. http://www.cpj.org/attacks01/europe01/moldova.html

5. Mass-media and Legislation, 2003. http://www.lexacces.org.md/cuvint_stud_eng.htm

6. Olivia Pirtac, Reflections on the Implementation of the Access to Information Law in Moldova, Mass Media in Moldova, December 2001, http://ijc.iatp.md/bulmm/offline/2001decrus.pdf

7. Moldova: Journalists say media censorship continues despite law, FBIS Daily Report, 15 November 2001.

8. US Department of State, Country Reports on Human Rights Practices - 2001: Moldova, March 4, 2002, Country Reports on Human Rights Practices - 2002: Moldova, March 31, 2003. http://www.state.gov/g/drl/rls/hrrpt/

9. Law on State Secrets no. 106-XIII of 17.05.94. http://www.ijnet.org/fe_article/MediaLaw.asp?UILang=1&CID=25362

10. Law on the Archival Fund of the Republic of Moldova, no. 880/XII of 22001.92.