Regulations for Regulations for PParticipation by articipation by

Freedom of Information Freedom of Information LLaw in Slovakiaaw in Slovakia

Viktoria MlynarcikovaViktoria MlynarcikovaContact: viktoria@osf.skContact: viktoria@osf.sk

Open Society Foundation, SlovakiaOpen Society Foundation, Slovakia

history of the idea and history of the idea and campaigningcampaigning

1. Motivation based on raising problems

2. Citizens´initiative3. Legislation Process

Motivation – problems Motivation – problems arising arising Ineffective communication between citizens and Ineffective communication between citizens and

statestate NNegative experiences with information egative experiences with information

provision by state and self-government bodiesprovision by state and self-government bodies Fight against corruption and clientelismFight against corruption and clientelism Essential condition of an effective functioning of Essential condition of an effective functioning of

legal state = transparency + responsibilitylegal state = transparency + responsibility Preparation for decentralization of power, Preparation for decentralization of power,

return of administration of public matters to the return of administration of public matters to the citizen, or, initially, at least bringing it closer to citizen, or, initially, at least bringing it closer to the citizen the citizen

Citizens‘ Citizens‘ IInitiativenitiative

1999 emergence of Civic Initiative for A Good 1999 emergence of Civic Initiative for A Good Law Law „„What’s not classified, is publicWhat’s not classified, is public““

Support by 120 organizations representing Support by 120 organizations representing over 100 000 over 100 000 citizenscitizens

Aim: Implementation of legislative standards Aim: Implementation of legislative standards applied in other democracies applied in other democracies based on 9 based on 9 principlesprinciples

9 principles9 principles1. 1. PPrinciple of maximum disclosure (i.e. ´Anything that is not secret shall rinciple of maximum disclosure (i.e. ´Anything that is not secret shall

be deemed to be public´) be deemed to be public´) 2. 2. In addition to public authorities and local government bodies, entities In addition to public authorities and local government bodies, entities

obliged must also be obliged must also be thosethose whose activities are financed by public whose activities are financed by public money money

3. 3. Provisions on information which cannot be disclosed to the public Provisions on information which cannot be disclosed to the public cannot be vague and their interpretation must be restrictive.cannot be vague and their interpretation must be restrictive.

4. 4. Time limits must be reasonableTime limits must be reasonable and and cannot be unreasonably extended.cannot be unreasonably extended.5. 5. MMust ust ofof effective and prompt remedies available to citizens when effective and prompt remedies available to citizens when

decisions on accessibility of information are made. decisions on accessibility of information are made. 6. 6. MMust ust ofof effective sanctions in place imposed on those who breach the effective sanctions in place imposed on those who breach the

law.law.7. 7. Providing active access to information will be to the benefit not only of Providing active access to information will be to the benefit not only of

citizens, but it will make the process of providing information on citizens, but it will make the process of providing information on frequently asked questions even more effective. frequently asked questions even more effective.

8. 8. ReasonableReasonable fee for disclosure. fee for disclosure. FFee should only cover direct costs ee should only cover direct costs incurred in connection with the provision of information. incurred in connection with the provision of information.

9. 9. The Act should repeal the Freedom of Information Act on the The Act should repeal the Freedom of Information Act on the Environment No. 171/1998, which is currently in force. The new Act Environment No. 171/1998, which is currently in force. The new Act should be much more effective. should be much more effective.

Legislation Process and Activities of the Legislation Process and Activities of the InitiativeInitiative

Initiative Role in Creation of the Act:Initiative Role in Creation of the Act:

Drafts: 3 drafts of the act: 2 MPs and governmental Drafts: 3 drafts of the act: 2 MPs and governmental (prepared by the Ministry of Justice(prepared by the Ministry of Justice SR SR))

An effort to reach an agreement and produce a single draft An effort to reach an agreement and produce a single draft – unsuccessful– unsuccessful

Own draft proposal – submitted Own draft proposal – submitted and prezented and prezented by an MPby an MP

Monitoring of the debate processMonitoring of the debate process

Role of the Initiative within the Role of the Initiative within the Parliament/President and Parliament/President and SSupportive upportive AActionctionss

Participation in all Parliamentary Committees Participation in all Parliamentary Committees and presentation of position by civic groups and presentation of position by civic groups and legal experts of the Initiativeand legal experts of the Initiative

Continuous analysis of draft amendments and Continuous analysis of draft amendments and their generation their generation

Lobbying – meeting with almost ALL MPsLobbying – meeting with almost ALL MPs (150)(150)

Lobbying the President (he had objections, Lobbying the President (he had objections, but eventually signed)but eventually signed)

SSupportive upportive AActionctionss

Generation of postcards sent by the public Generation of postcards sent by the public to the Chairman of the Parliament (he to the Chairman of the Parliament (he received several thousands of those, plus received several thousands of those, plus over 2000 by e-mail)over 2000 by e-mail)

Campaigning – a public gathering at the Campaigning – a public gathering at the entrance tot he Parliament – T-shirts with entrance tot he Parliament – T-shirts with the name of the campaign ‘What’s not the name of the campaign ‘What’s not classified, is public‘classified, is public‘

FOIA FOIA iin Slovakia Todayn Slovakia Today

Repeatedly amended, but this involved technical Repeatedly amended, but this involved technical amendments without any major effect on the content of the amendments without any major effect on the content of the lawlaw

The law functions relatively well, particularly at the state The law functions relatively well, particularly at the state level; yet a number of precedents emerged, such as de-level; yet a number of precedents emerged, such as de-classification and/or refusal to de-classify content of classification and/or refusal to de-classify content of agreements between the state and private companies on agreements between the state and private companies on sales of public property / enterprises (Slovak Telecom)sales of public property / enterprises (Slovak Telecom)

Problem: continuous attempts to amend, esp. by local Problem: continuous attempts to amend, esp. by local governmentgovernmentss

Problem of the local governments: Decentralization gave Problem of the local governments: Decentralization gave them decision-making power concerning a significant them decision-making power concerning a significant amount of finance + EU funds – an attempt to reduce amount of finance + EU funds – an attempt to reduce transparency of decision-making on division of fundstransparency of decision-making on division of funds

Civil Society Today Civil Society Today aand nd tthe he LawLaw

Several NGO dealing with FOIA issues – all partly Several NGO dealing with FOIA issues – all partly (e.g. representing citizens in matters concerning the (e.g. representing citizens in matters concerning the law; monitoring of party spending by applying FOIA)law; monitoring of party spending by applying FOIA)

OSF with partners – INFOact competition – only OSF with partners – INFOact competition – only overall monitoring of the competition based on overall monitoring of the competition based on evaluation of public nominations and provision of evaluation of public nominations and provision of information, with its media partners and public information, with its media partners and public debate.debate.

OSF coordinates a permanent group dealing with OSF coordinates a permanent group dealing with potential threats, aiming to operationally respond to potential threats, aiming to operationally respond to any legislative changes. This group also acts as any legislative changes. This group also acts as a platform for exchange of know-how. Its members a platform for exchange of know-how. Its members are significant contributors to implementation of non-are significant contributors to implementation of non-grant activities.grant activities.

Thank you for your attention.Thank you for your attention.