The right of access to information is an important factor of trust between the state and its citizens. However, in times of war, state authorities are still forced to impose certain restrictions on access to information in order to protect national security. It is important that such restrictions are not excessive and arbitrary, and that they are applied in compliance with the principles of proportionality and the public interest.
It is very important to provide access to information about threats to the life and health of citizens, environmental safety and humanitarian assistance. Open access to such data helps people make informed decisions in crisis situations.
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The number of appeals to the Ombudsman’s Office in recent years shows that Ukrainians are actively using the tool of submitting requests for information and using open data. In 2023 alone, I received 3957 appeals regarding violations of the right to access public information. Among the main violations, we recorded:
- failure to provide information,
- restriction of access to information or classification of information as restricted information,
- non-publication of information on the official websites of the authorities,
- delay in satisfying requests.
It is worth noting that some authorities are unable to fully fulfil their responsibilities in the field of information rights due to their proximity to the frontline. We should not forget about the regular Russian cyberattacks on websites and emails of central executive authorities and local self-government bodies, which also affects the timely publication of information and responses to requests.
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To find out the level of observance of information rights under martial law, the Ombudsman’s Office in Ukraine, with the support of UNDP in Ukraine, has been conducting a nationwide monitoring of regional authorities for three years. The results of our monitoring show a slight but steady progress in ensuring information rights. Some state bodies have introduced convenient digital services for submitting electronic requests and appeals. The practice of introducing electronic systems for recording public information has become more widespread.
In 2024, the situation with the publication of publicly relevant information on official websites by martial law administrators improved by 26%. In particular, about:
- places of refuge, shelter, availability of medicines and food;
- military threats from the aggressor and the need to evacuate the population;
- on the regime and peculiarities of the functioning of institutions providing administrative and other services.
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I believe that it is necessary to ensure a balance between national security and the right to information at the state level, in particular:
- create transparent mechanisms for protecting information critical to national security, while ensuring public access to the necessary information.
- ensure timely and proactive publication of official information,
- ensure active cooperation between public authorities and international organisations to support the right to information during martial law.
- support civil society organisations and journalists in their efforts to access information,
- to systematically improve the skills of employees of structural units responsible for ensuring the right to access public information and appeals.
On 10 October this year, the Ombudsperson’s Office, together with UNDP Ukraine and the Ministry of Foreign Affairs of Denmark, organised an international conference “Balancing Access to Information and National Security — Lessons from Ukraine during Armed Conflict”. The conference resulted in the adoption of the Kyiv Declaration on Balancing Access to Information and National Security during Armed Conflict. This Declaration accumulates the best international practices and experience of Ukraine and aims to improve global standards of access to official information, taking into account the challenges of modern armed conflicts.
Restrictions on access to information should be justified and ensure an appropriate level of transparency of the authorities, even in times of war. This is an important element in building a strong, democratic and European country.
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