04.2005 - Source: International Freedom of Expression Exchange

Legal Rights of Access to Information ("Freedom of information and the media in Armenia, Azerbaijan and Georgia") [#35561],  [ID 4820]

"Constitution (1995)

Article 24 of the Constitution of Georgia77 provides that, “every individual has the right to freely receive and disseminate information, to express and disseminate his/her opinion orally, in writing or in any other form.”
The Constitution also includes several provisions specifying a right of access to specific information.
Article 37(5). Individuals have the right to complete, objective and timely information on their working and living conditions.
Article 41(1). Every citizen has the right according to the law to access information about himself which is held in State institutions as long as they do not contain State, professional or commercial secrets, as well as with official records existing there.

The General Administrative Code (Chapter III - Law on Freedom of Information, 1999)
The Law on Freedom of Information was adopted as Chapter III of the General Administrative Code of Georgia in 1999 and amended in 2001.78 The law creates a general presumption that information kept, received or held by an administrative agency should be open. Agencies are required to enter information into a public register within two days and must appoint an official to be in charge of allowing access to this information. The law gives anyone the right to submit a written request for public information regardless of the form that information takes and without having to state the reasons for the request. The agency must respond immediately and can only delay for ten days if the information is in another locality, is of a significant volume, or is held at another agency. Individuals also have the unreserved right to access their own personal information. Information relating to the environment and hazards to health, structures and objectives of agencies, election results, results of audits and inspections, registers of information and any other information that is not state, commercial, or personal secrets cannot be classified.
All public information created before 1990 is open. Agencies are also required to issue reports each year on the requests and their responses under the Act. Those whose requests have been denied can appeal internally or can ask a court to nullify an agency decision. The court can review classified information to see if it has been classified properly. The Supreme Court ruled in June 2003 that legal fees can be obtained as damages when a requester wins a case. The law also sets rules on the openness of meetings. Sessions of public agencies are required to be open and public. Details of meetings are required to be published a week in advance and the legitimacy of meetings that fail to follow procedures can be challenged in court and decisions made can be invalidated.

Law “On Freedom of Speech and Expression” (2004)
The Law “On Freedom of Speech and Expression” is one of the most progressive media laws in the world, incorporating some of the best practices from around the world. The law protects freedom of speech and expression, including the right to search, receive, create, store, process and distribute information and ideas in any form; prohibits censorship; gives journalists the right to protect sources; and protects whistleblowers. It does not give any additional rights to journalists to demand information from government bodies.

Environmental Information
Georgia signed the Aarhus Convention in June 1998 and ratified it in April 2000. The Law “On Environmental Protection” provides for a right to information about the environment and other related laws provide for public registers.79

Criminal Code (1999)
The Criminal Code80 has several positive provisions on freedom of information: it prohibits violations of freedom of speech and information (Article 156); interference with journalistic activities (Article 157); illegal denial of the right of a person to receive information (Article 170); concealment or corruption of the information on an accident or mishap involving nuclear or radiation objects (Article 254); and concealing information on the circumstances which may endanger human life or health (Article 260).

Other Laws
The Law “On Conflict of Interests and Corruption in Public Service” requires that public officials declare certain financial information which is then made public. The Law “On State Procurement” requires that details about open tenders (above the value of US$17,000 or US$56,000 in construction works) including the desired goods, amount, and terms be published in the mass media. The Electoral Code requires that lists of voters be made public."

Document(s): Open document

04.2005 - Source: International Freedom of Expression Exchange

Limits on Access to Information ("Freedom of information and the media in Armenia, Azerbaijan and Georgia") [#35561],  [ID 4821]

"Constitution (1995)
The Constitution also provides for restrictions on access to information. Article 24(4) sets general limits on all rights:
The exercise of the rights enumerated in the first and second paragraphs of the present Article may be restricted by law on such conditions which are deemed necessary in a democratic society in the interests of ensuring State security, territorial integrity or public safety, for prevention of crime, for the protection of the rights and dignity of others, for prevention of the disclosure of information acknowledged as confidential or for ensuring the independence and impartiality of the judiciary.
Article 41(2) places limits on access to personal information held by public bodies:
Information existing in official papers connected with health, finances or other private matters of an individual is not available to others without the prior consent of the affected individual, except in cases determined by law, when it is necessary for the State and public security, defence of health, rights and freedoms of others.

The General Administrative Code (Chapter III - Law on Freedom of Information, 1999)
Article 27 of the Freedom of Information Law has exemptions for information considered a State, commercial, professional or personal secret. Commercial and professional secrets can be classified for an unlimited period. Personal secrets are classified for the lifetime of the individual. Names of some public servants participating in a decision by an official can be withheld under executive privilege but the papers can be released. The names of political officials cannot be withheld.

Other limits in the General Administrative Code
Article 11 of the General Administrative Code prohibits public servants who are involved in an administrative proceeding from disclosing or using secret information without authorisation and holds them liable for use or disclosure of such information. Article 23 prohibits experts from disclosing secret information.

Law “On State Secrets” (1996)
The Law “On State Secrets”81 sets rules on the classification of information where “disclosure or loss of which may inflict harm on the sovereignty, constitutional framework or political and economic interests of Georgia.” There are three categories with fixed terms for the length of classification: Of Extraordinary Importance – 20 years, Top Secret – 10 years, and Secret – 5 years. State secrets are defined as information relating to defence, economic, external affairs, intelligence service, State security and protection of law and order. The law also defines a number of areas where information cannot be classified as a State secret. This includes information that would prejudice or restrict basic human rights and freedoms or may cause harm to the health and safety of the population; most normative acts; maps (except special military maps); information on natural disasters and catastrophes; environmental conditions; corruption, unlawful actions of officials and crime statistics; privileges, compensations and benefits provided by the State to citizens, officials and others; information on the State monetary fund and national gold reserve; and information on the health status of top officials. The State Inspection for Protection of State Secrets oversees the protection of secrets and can order declassification. A 1997 Decree sets out the procedures on classification.82 Information shall be declassified no later than the end of the fixed term (unless it is extended by the President) or when it is no longer necessary to be classified.

Law “On Freedom of Speech and Expression” (2004)
The law allows for restrictions on freedom of speech and expression if, “the restriction is transparent and predictable, narrowly assigned by law, and the public good protected by the restriction is greater than the damage caused.” It allows for the regulation of speech relating to state, commercial, private or professional secrets. Professional information which is confidential shall not be disclosed without the permission of the owner or by a court. The source of a secret is given an absolute privilege.

Criminal Code (1999)
The Criminal Code has numerous provisions prohibiting disclosure of information: Violation of a Personal Secret (Article 160); Violation of the Secrecy of a Private Conversation (Article 161); Violation of the Secrecy of Personal Mail, Telephone Conversation or any other Type of Communication (Article 162); Illegal Access or Dissemination of Information containing Commercial or Bank Secrets (Article 206); Disclosure of State Secrets and rules on protection (Articles 332, 339, 340); Disclosure of information concerning measures for the protection of officials of law enforcement or controlling bodies (Article 353); Disclosure of the Information on Security Measures applied with respect to members, judges and other participants of legal and criminal proceedings of the Constitutional court (Article 364); and Disclosure of Data of Inquiry or Preliminary Investigation (Article 371)."

Document(s): Open document