Government supports draft law on liability for divulging official information



The Cabinet of Ministers has supported a draft Law on Amendments to Some Legislative Acts on Access to Information on Restricted Access. According to the State Committee on Radio and Television Broadcasting, it drew up the document together with the Security Service [SBU].

This is in accordance with one of the Items for implementing the Presidential Decree from 12 May 2011 “Issues on the ensuring by executive bodies of access to public information”.

The new version of the Law on Information and the Access to Public Information Act which came into force on 9 May this year define types of information on restricted access. These include “official information”; rules of procedure for access to information; as well as liability for infringements on legislation on access to information. The laws however do not contain norms on setting out procedure for recording, storing and using documents and other material containing official information, nor do they specify liability for infringements of procedure.

According to the Head of the State Committee, adoption of the new Law will foster legal regulation of access to information with restricted access and ensure a standardized approach to recording, and using documents and other material containing official information. 

The draft Law envisages amendments to the Code on Administrative Offences; the Criminal Code; the Laws on the Security Service of Ukraine and On Information.

Telekritika points out that the government is continuing to bring its acts into line with the Access to Public Information Act.

The Prosecutor General’s Office made thousands of infringements in the implementation by the local authorities of the said law. Through flawed legal regulation on access to restricted information the heads of local authorities had issued instructions classifying as official even information which had never before been such. 

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