Announcement of the Coalition for Freedom of Access to Information and the National Convention on the European Union: The Proposed Amendments to the Law on Free Access to Information of Public Importance: A Step Backward for Transparency and Increased Risk of Abuse
The public hearing on the proposed amendments to the Law on Free Access to Information of Public Importance, initiated by the Ministry of State Administration and Local Self-Government, will last until December 26, 2024.
The stated goal of the amendments is to address the widespread abuse of the Law on Free Access to Information (FOI Law) by “malicious” information seekers and lawyers, who reportedly used the law to seek financial gain and by doing so obstructed the work of public institutions, including the Commissioner for Information of Public Importance and Protection of Personal Data (the Commissioner) and the Administrative Court.
Civil society organizations united in the Coalition for Freedom of Access to Information and the National Convention on the European Union acknowledge the implementation challenges of the FOI Law, which impacted the most well-intentioned information seekers and the public interest in general.
While we recognize the need to address these issues, we believe that the proposed amendments, when viewed collectively, would reduce the public’s right to know and create new opportunities for abuse. The problem of mass complaints or lawsuits is not unique to the area of access to information, and we argue that any solution must be systemic. Potential amendments to the FOI Law alone will not eliminate the root causes of these abuses.
We also believe that a broader dialogue involving all interested parties should have taken place earlier in the drafting process. Additionally, there should have been more active cooperation with the Bar Association of Serbia to find solutions that would address this issue within the legal profession.
Of particular concern is the proposed introduction of the "abuse of rights" provision in the Draft FOI Law. We strongly recommend removing this provision, given that many institutions have previously used it improperly to deny access to public information. The adoption of new regulations must reflect the current state of society and the development level of institutions. Research by civil society, the media, and international organizations indicates a growing trend of institutional opacity, where access to information often depends on political will or the decisions of individual leaders. In this context, introducing the concept of "abuse of rights" could significantly hinder already limited access to public information.
We also note that the Working Group responsible for drafting these amendments is composed predominantly of representatives from government institutions, without inclusion of media, academia, or civil society. This lack of diverse perspectives is a serious oversight.
A group of civil society organizations, including Partners Serbia, Transparency Serbia, Committee of Lawyers for Human Rights (YUKOM), Civic Initiatives, CRTA, and the Independent Association of Journalists of Serbia, has developed a set of alternative proposals. These proposals aim to address the abuse of the right to access public information while enhancing the effectiveness of the law. Proposed measures could strengthen the procedures for exercising the right to information, foster better cooperation between institutions and citizens, improve institutional capacities to handle information requests, and raise awareness of transparency and accountability within public authorities.
These alternative solutions are supported by other organizations, associations, and individuals, and are available at the following link (Serbian language): https://www.partners-serbia.org//public/news/Obrazac_za_predloge-_Nacrt_ZoSPIJZ,_Koalicija_za_slobodu_pristupa_informacijama.pdf
We urge the Ministries of State Administration and Local Self-Government, the Commissioner, and all other members of the Working Group to carefully consider these proposals. We also ask them to take into account the concerns of information seekers, who fear that introducing the "abuse of rights" provision could make access to information even more difficult. We call for a more inclusive and transparent dialogue in order to develop sustainable solutions that address the underlying problems while preserving the public's right to access information.
This text was created with the financial support of the European Union. Its contents are the sole responsibility of Partners Serbia, and do not necessarily reflect the views of the European Union.