On the occasion of International Right to Know Day, observed annually on September 28, I would like to share the key aspects of access to public information. This right is a cornerstone of democracy, as it enables citizens to hold authorities accountable, protect their own interests, and exercise other rights.
In this blog, I will briefly cover the essentials: what public information is and its key features, the types of access regimes, how the three-part test works, what restricted information means, who the information holders are, and which data must remain open. Each of these topics has been elaborated on in specialized informational materials.
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Public information is any data recorded and documented by any means and on any medium, obtained or created in the course of fulfilling the duties of public authorities as defined by law, or held by public authorities and other information holders designated by the Law of Ukraine “On Access to Public Information.”
Its defining feature is that it is obtained, created, or held by authorities or other legally designated holders.
It covers a broad spectrum — from government data on budget spending to information about the environment, food quality, emergencies, and human rights violations.
Access to public information is ensured in two ways: through systematic and prompt publication, and by providing information upon request. Any individual, regardless of citizenship or other characteristics, as well as civil society organizations without legal entity status, may submit a request. The holders of information include government bodies and other entities defined by law.
At the same time, it is important to note that the Law of Ukraine “On Access to Public Information” has clear limits of application. It does not regulate relations involving the exchange of information between public authorities while performing their functions, citizen appeals, parliamentary and lawyer requests, access to archival documents, or access to information concerning the exercise of procedural rights in court or enforcement proceedings.
Access regimes for public information may vary: it can be open, restricted, confidential, secret, or for official use. Restricted access categories include official, secret, and confidential information. However, the law guarantees that certain information must remain open — such as budget spending, ownership, use, or disposal of state and municipal property, data on individuals and organizations receiving such funds or property, and information about individuals’ tax debts.
Special attention should be given to access to budgetary information. Both revenues (taxes, fees, privatization proceeds) and expenditures (budget spending, loans, debt repayment, securities acquisition) must be open. The same applies to state and municipal property, including movable and immovable assets, financial assets, and property rights.
Access cannot be restricted to information on the size and type of charitable or other assistance provided to or received by officials, state bodies, or local governments, nor to data on salaries, financial aid, or other budget payments to individuals authorized to perform state or local self-government functions — including payments under transactions subject to mandatory state registration. Information on the transfer of corporate rights, conflict of interest and its settlement, and persons held liable for corruption offenses must also remain open.
Personal data relating to the official duties of individuals performing state or local self-government functions are not considered confidential.
An important guarantee of transparency is the publication of public information as open data. This type of information must be freely accessible in a user-friendly format for automated processing.
All information holders are required to publish mandatory open data sets — from directories of enterprises, institutions, and organizations (including their contacts) to standards and lists of national regulations adopted by the information holder.
To balance the right of access to information with the protection of privacy or national security, the so-called “three-part test” is applied. The algorithm works step by step: first, whether restrictions on disclosure are legally prescribed; second, whether disclosure could cause substantial harm; and finally, whether the public interest outweighs the potential negative consequences.
Even restricted information may be disclosed if the grounds for restriction no longer exist or if it has already been lawfully published.
The three-part test applies when classifying information as official, confidential, or secret; when processing an information request; and when assigning the “For Official Use Only” status.
Information for official use includes internal correspondence, certain reports and recommendations, as well as data from operational-search activities or in the field of national defense, provided it does not constitute state secrets. Secret information includes state, professional, and banking secrets, pre-trial investigation materials, and other categories defined by law. Confidential information is data access to which is restricted by individuals or legal entities (other than public authorities) and which may be disclosed at their discretion, under conditions they define. This includes personal data and trade secrets.
It is equally important to understand who qualifies as an information holder. These are state authorities, local self-government bodies, legal entities funded from the budget, entities performing delegated public functions, and business entities with a dominant market position or special/exclusive rights — all of which must provide information on the conditions of goods and services supply, prices, etc.
It should be noted that Members of Parliament of Ukraine, local council deputies, deputies of the Crimean Parliament, heads of district and regional councils, village, township, and city mayors, judges, prosecutors, and state enforcement officers are not considered information holders under this law.
Remember: the right of access to public information is one of the foundations of a democratic society. In this blog, I have summarized the key provisions of legislation on public information. It is crucial that every citizen knows and understands these rules, because the right to access information is not only a legal norm but also a real tool for protecting one’s rights and holding authorities accountable.
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