The Ministry of Justice has issued the here below the Decree No. 6940 dated 03/09/2020 published in the Official Gazette No. 37 dated 24/09/2020, relating to the implementing provisions of the Law No. 28 dated 10/03/2020 concerning the right to access information.
According to this Decree, shall be considered as an abuse of the right, any request of a repetitive or systematic nature which is unjustified, and any unspecified or unclear request aimed at obtaining or accessing information for indefinite or long periods of time that would impede the work of the administration and the functioning of the public sector.
The failure of the requester of the information to provide the administration with the necessary requested explanations within the legal deadlines, or his refusal to pay the expenses which were due to him for previous requests, shall be also considered as an abuse of right.
Exercising the right of access to information in accordance with the provisions of Law No. 28/2017 does not prevent resorting to other methods and means provided for by laws and regulations in force to obtain information.
The confidentiality clauses included in the contracts executed by the administration do not preclude the right to access them.
The information that necessarily requires publication must be published in an accessible way.
The annual report of each department shall be published no later than January 31 of the following year. Two weeks before the deadline for publishing the annual report, the Ministry of Defense transmits a report of the military courts to the Supreme Judicial Council, which issues it according to the aforementioned annual report(s).
The request for information shall be submitted by the concerned person either personally or through an agent on his behalf, and may be submitted by electronic means according to a special mechanism determined by each administration. In addition, the administration is responsible for facilitating access to the documents requested. The value of the expenses due on each application and the method of their fulfillment are determined by virtue of a decision issued by the Minister of Finance.