Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of May 11, 2000 No. 982-XIV

About information access

(as amended on 19-07-2018)

The parliament adopts this organic law.

Article 1. Subject of regulation of this law

(This law regulates 1):

a) the relations between suppliers of information and physical persons and/or legal entities in the course of providing and realization of constitutional right on information access;

b) the principles, conditions, methods and procedure of access to the official information which is in ownership of suppliers of information;

c) ceased to be valid according to the Law of the Republic of Moldova of 21.10.2011 No. 208

d) the rights of persons requesting information;

e) obligations of suppliers of information in case of ensuring access to official information;

f) mechanism of protection of the right to information access.

(2) are not subject of regulation of this law of the relation, indirectly connected with listed in part (1) this Article and concerning:

a) collection, processing, storage and guaranteeing immunity of information;

b) obligatory representation by individuals to bodies of the public power, to public organizations of information provided by the law;

c) access of bodies of the public power, public organizations, physical persons and/or legal entities, authorized to manage public affairs, to information which is in ownership of other same bodies of the public power, public organizations, physical persons and/or legal entities;

d) provisions of information on the activities by private physical persons and legal entities, batches and social and political forming, funds, public associations.

Article 2. Purposes of this law

The purposes of this law are:

a) creation of the general regulatory base regulating access to official information;

b) increase in efficiency of informing population and control by citizens of activities of bodies of the public power, public organizations;

c) stimulation of forming of opinions and active participation of the population in decision making in the spirit of democracy.

Article 3. Legislation on information access

(1) the Legislation on information access is based on the Constitution of the Republic of Moldova, international treaties and agreements, one of the parties of which is the Republic of Moldova, this law and includes provisions of other regulations governing the relations connected with information access.

(2) in case of mismatch availability between regulations of international treaties and agreements, one of the parties of which is the Republic of Moldova, and regulations of the national legal system apply regulations of international treaties and agreements.

Article 4. The principles of state policy in the field of access to official information

(1) Any person according to this law has the right to search, obtaining and acquaintance with official information.

(2) Realization of the rights provided by part (1) this Article, it can be subjected to restrictions on the specific reasons, the corresponding principles of international law, including protection of homeland security or private life of person.

(3) Realization of the rights provided by part (1) this Article, does not assume discrimination on the basis of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin at all.

Article 5. Subjects of this law

(1) Subjects of this law are the supplier of information and person requesting information.

(2) Suppliers of information, that is the persons possessing official information and obliged to provide to her faces requesting information according to this law are:

a) the central and local authorities of the public power - the governing bodies of the state provided by the Constitution of the Republic of Moldova, namely: Parliament, President of the Republic of Moldova, Government, public management, judicial authority;

b) the central and local public organizations - the organizations created by the state on behalf of bodies of the public power, financed from the government budget which purpose is realization of administrative, welfare and other functions of non-commercial nature;

c) physical persons and legal entities which based on the law or the agreement with body of the public power, public organization are authorized to manage public affairs and which collect make selection, own, store, have official information.

(3) According to this law official information can be requested:

a) any citizen of the Republic of Moldova;

b) the citizens of other states who are constantly living or staying in the territory of the Republic of Moldova;

c) the persons without citizenship who are constantly living or staying in the territory of the Republic of Moldova.

Article 6. Official information

(1) For the purpose of this law the information which is in ownership and the order of suppliers of information, constituted, selected, processed, systematized and/or approved by official organs, persons or other persons of law presented in their order in compliance with the law is considered official.

(2) For the purpose of this law as the documents containing information are considered:

1) any of the following information mediums (or its part):

a) any paper or other material on which there is record;

b) map, plan, drawing, photo;

c) any paper or other material containing the signs, figures, characters or perforation important for persons qualified in their interpretation;

d) any subject or material from which sounds, images or records by means of other subject or the mechanism can be reproduced;

e) any other logger of information who appeared as a result of technical progress;

2) any copy or reproduction of the information mediums specified in Item 1) to this part;

3) any part of the copy or the reproduction specified in Item 2) to this part.

(3) not documented official information which is in ownership of suppliers of information (their responsible persons) is provided to persons requesting information in general procedure.

Article 7. Official information of limited access

(1) Realization of the right to information access can be subjected only to the restrictions regulated by the organic law and to the corresponding requirements:

a) observance of the rights and non-admission of infringement of reputation of the other person;

b) protection of homeland security, public order, health or moral of society.

(2) According to part (1) this Article access to official information cannot be limited, except for:

a) the information which is the state secret, regulated by the organic law, unauthorized disclosure or loss of which can infringe on interests and/or safety of the Republic of Moldova;

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