Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of June 19, 1998 No. 505-IG

About freedom of information

(as amended on 31-05-2016)
Article 1. Freedom of information

According to article 50 of the Constitution of the Azerbaijan Republic everyone has freedom in the legal way to look for, receive, transfer, to make and distribute any information.

For the purpose of this Law information is implied as data, irrespective of form of their representation, about the events proceeding in the nature, society and the state, processes, and also about the facts and persons.

Article 2. Guarantee of freedom of information

Everyone has the right to address for receipt of information.

Implementation of freedom of information shall not lead to violation of the rights and interests of physical persons and legal entities.

Restriction of freedom of information is allowed only in the cases provided by the Constitution of the Azerbaijan Republic. The procedure for use of freedom of information is determined by the Constitution of the Azerbaijan Republic and the relevant laws of the Azerbaijan Republic.

Article 3. Purpose of the Law

This Law governs the relations arising in connection with implementation of freedom of information.

Article 4. Subjects of information relations

Subjects of information relations are physical persons and legal entities.

Article 5. Basic principles of implementation of freedom of information

The basic principles of implementation of freedom of information are:

ensuring freedom of information;

openness of information and free information exchange;

objectivity, completeness and truthfulness of information;

legality of searches, obtaining, uses, distribution and protection of information;

storage of secret of the personality and family life of everyone;

protection of safety of the personality, society and state.

Article 6. Guarantees of receipt of information

Information is provided in the way:

issues of information on the activities and about the made decisions public authorities and municipalities;

creations of information services for receipt of information in public authorities;

free use of statistical data, funds of libraries, archives and museums, and also information systems;

immediate informing the population on the extreme cases, natural disasters and catastrophic crashes creating threat for life and health of the population;

immediate informing the population on the force majeure creating threat for safety of the state;

non-admissions of the state censorship in mass media, including in seal;

bringing in the procedure for regulatory legal acts established by the legislation to data of the population.

Article 7. Information sources

Sources of information are the documents and other information mediums of the message of mass media, open performances reflecting data in stipulated by the legislation procedure.

Article 8. Receipt of information

Receipt of information is performed in the procedure established by the relevant legislation and method.

On obtaining method information is divided into the open information and information obtained with restriction.

Article 9. Receipt of open information

Open information is provided the next ways:

by means of information resources of the Internet;

official publications;

distribution by mass media;

creation of conditions for acquaintance with documents in the libraries, public information centers, other places allowing mass use;

provision to physical persons and legal entities;

in other ways, stipulated by the legislation.

Rules and conditions of receipt of open information are determined by this Law, the Law of the Azerbaijan Republic "About receipt of information", other legal acts or the agreement (if issue of information is performed based on the agreement). The extradition treaty of information is signed according to the civil legislation. Public authorities, municipalities cannot refuse issue of information due to the lack of the agreement.

Article 10. Information obtained with restriction

The data concerning state, professional (legal profession, notariate, medical), official, bank, trade, investigative and judicial secret, data on private and family life, acts of terrorism belong to information which receipt is limited. Information concerning the environment belongs to information which receipt in the cases established by the relevant legislation is limited.

The relations arising in connection with information concerning state professional (legal profession, notariate, medical), official, bank, trade, investigative and judicial secret, data on private and family life, acts of terrorism, the environment, are regulated by the relevant legislation.

Article 11. The address about receipt of information

Giving of request for receipt of information and consideration of request for receipt of information are regulated by the Law of the Azerbaijan Republic "About receipt of information".

Article 12. The appeal right in connection with receipt of information.

The failure in issue of information can be appealed in the supreme body of the owner of information and to the Commissioner for Human Rights (ombudsman) of the Azerbaijan Republic, and also in court.

Obligation prove legality of failure in issue of information lies on the defendant.

Article 13. Information (personal data) on the personality

The documented or openly transferred messages on the personality belong to information on the personality. Sources of documentary information on the personality are the documents issued on his name, signed by it, and the information about the personality collected by state bodies within the powers. Data on religion and beliefs of the personality can be collected by state bodies only in case of voluntary submission of this information. Data on membership of the personality in political party or nonpartisanship shall be provided to state bodies only in the cases provided by the law.

Article 14. The right of the personality to acquaintance with information collected about it

Information on the personality gathers, processed and protected according to the procedure, established by the law. Information collection by deception, applications of threats and other illegal means is forbidden.

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