Model Law on Free Access to Information

General Provision
Article 1.
This law regulates the right of free access to information which is controlled by or is in possession of public authorities in the Republic of Serbia.
Public authorities in the Republic of Serbia are required to allow the applicant free access to information which they control or which is in their possession, except in cases determined by law.

Definitions
Article 2.
In connotation of this Law:

1) "free access to information" ("access") is the right of anyone to request from public authorities in the Republic of Serbia information they control by or which is in their possession, as well as the obligation of public authorities in the Republic of Serbia to provide the requested information;
2) "information" is the content of a document which is controlled by or is in the possession of public authorities in the Republic of Serbia, and which the applicant requests they provide;
3) "document" is any material device (e.g. paper, magnetic tape, diskette, compact disk, microfilm, vide or audio recording, etc.) on which information controlled by or in the possession of public authorities in the Republic of Serbia is recorded or stored;
4) "responsible authorities" are public authorities in the Republic of Serbia (e.g. state authorities, territorial autonomy authorities and local self-government units, as well as companies, institutions and other organizations, and/or subjects empowered by law to perform public authority, etc.) which are vested with pubic authority or which provide public services, that have the obligation to provide the requested information upon request of the applicant;
5) "applicant" is every natural or legal person or entity which can be party to particular rights and duties (e.g. group of citizens, settlement, etc.) seeking by request information from public authorities in the Republic of Serbia

Providing Information
Article 3.
Free access to information contained in documents, responsible authorities shall be made possible:

1) by direct providing of information to the applicant (e.g. on the spot, by the phone, telefax, e-mail, etc.);
2) by direct access to documents or by making copies of documents that contain the requested information;
3) by providing the applicant with copies of documents that contain the requested information; (e.g. by mail, official delivery, etc.);
4) by disclosing information contained in documents to the press (public mass media) with the aim of informing the public and making information public;
5) by printing official publications and making public information contained in documents;
6) by other means which provide free access to information.

Request and Deadlines
Article 4.
The responsible authority is obliged to provide access to information to the applicant on grounds of direct request (e.g. verbally, by telephone, telefax, e-mail, etc.), as a rule on the same or the next day, but not later that 8 days of the day the request was submitted.
If the request is submitted indirectly (e.g. by mail), the responsible authority is obliged to provide the applicant access to the information within 15 days, as of the day the request was received.
The applicant is not obliged to state reasons for requesting access to information.
In the request the applicant may suggest the way in which the responsible authority shall make the information accessible.

Forwarding the Request
Article 5.
If the responsible authority does not have the requested information, but has knowledge of where it is to be found, it is obliged, within 8 days of receiving the request, to forward the request to the responsible authority which has the requested information, and without delay to inform the applicant accordingly.
In this case, the deadlines regarding access to information are set as from the day the responsible authority which has the information has received the forwarded request.

Extension of Deadlines
Article 6.
The dead-line for accessing information specified by this Law can be extended by an additional 8 days provided that:

1) the information is to be provided outside the seat of the responsible authority;
2) on grounds that by one request different information is asked for.

The responsible authority is obliged to inform the applicant without delay of the extension of deadlines, as well as to state the reasons why the deadline was extended.

Rejecting Request
Article 7.
If the responsible authority rejects the request of the applicant, it is obliged to issue a decision rejecting this request.
The responsible authority is obliged to issue a decision denying access to information:

1) if the information has already been made public;
2) if it does not have the requested information, nor knowledge who is in possession of it.

In case the information has already been made public, the responsible authority is, without delay, obliged to inform the applicant where and when the information had been made public.

Exemptions to Free Access and Duration of Exemptions
Article 8.
The responsible authority will deny access to information and issue a decision rejecting the request of the applicant if the information has been, by virtue of law or on basis of criteria prescribed by law, declared as a government, military or official secret.
The responsible authority shall deny access to information and issue a decision rejecting the request information their making public could:

1) cause damage to certain significant activity of the responsible authority or the interest of a third party, except in case they have given their consent;
2) put at risk measures and activities undertaken in order to prevent criminal acts, commercial offences or transgressions or uncovering and investigating the perpetrators of these felonies;
3) interfere with the efficient and unbiased conduct of court procedure;
4) generate serious damage to health and the environment;
5) put at risk the right of intellectual property, except in the case of compliance of the author or the owner;
6) interfere with the work of the agencies conducting administrative supervision and monitoring activity;
7) put at risk the conduct of commercial and monetary policy;
8) put at risk the right of privacy, honor and reputation, as well as other personal rights in accordance with the provisions of the law regulating personal data protection

If the applicant requests, the responsible authority is obliged to make possible access to those parts of the information which, due to the nature of the content, can be made public.
Information to with free assess may be denied for reasons stipulated in para. 1 and para. 2. sub-para. 2, 3, 4, 6, 7, and 8 of this article, shall become accessible to the public when reasons for their inaccessibility cease to exist.
Information to which free access may be denied for reasons stipulated in para. 2, sub-para. 1 and 5 of this article shall be made associable to the public when this is determined by the person to whom damage could be caused by them being made public, but not longer than 20 years as of the day the responsible authority gained possession of it.

Right of Redress
Article 9.
The applicant may, on the basis of relevant evidence, when he/she believes that the information contained in the document is not correct or is not complete, request the redress of such information.
The responsible authority is obliged to issue a decision rejecting the request of the applicant if it denies redress of the information contained in the document.

Appeal and Administrative Judicial Action
Article 10.
Against a decision of the responsible authority rejecting the request, the applicant may submit an appeal to the competent authority of a higher instance, within 8 days as of the day of receiving the decision, in accordance with the provisions of the law regulating general administrative procedure.
The decision regarding the appeal (decision of the second instance) must be issued without delay, but not later than 15 days as of the day the appeal was submitted.
Against the decision of the second instance or the final decision in the first instance of the responsible authority rejecting the request, the applicant may take administrative judicial action before the competent court, in accordance with provisions of the law regulating administrative judicial action. The procedure before the court is urgent.

Special Judicial Protection
Article 11.
The applicant may, within 60 days as of the day of the deadline set for issuing the decision, submit to the competent district court a request for special judicial protection, if:

1) within 15 days as of the day the request was submitted, the responsible authority does not provide the information or does not issue and deliver to the applicant a decision rejecting the request (art. 7, para. 1);
2) the responsible authority, within 15 days as of the day the request was submitted, does not issue and does not deliver to the applicant a decision rejecting the request in case the information has already been made public (art. 7, para. 2, sub-para. 1);
3) the responsible authority, within 15 days as of the day the request was submitted, does not issue and does not deliver to the applicant a decision rejecting the request in case if it does not have the requested information, nor knowledge who is in possession of it (art. 7, para. 2, sub-para. 2);
4) the responsible authority, within 15 days as of the day the request was submitted, does not issue and does not deliver to the applicant a decision rejecting the request in case the information has been, by virtue of law or on basis of criteria prescribed by law, declared as a government, military or official secret (art. 8, para. 1);
5) the responsible authority, within 15 days as of the day the request was submitted, does not issue and does not deliver to the applicant a decision rejecting the request in cases stipulated article 8 para. 2, sub-para 1-8 of this Law;
6) the responsible authority, within 15 days as of the day the request for redress was submitted, does not issue and does not deliver to the applicant a decision rejecting the request (art. 9, para. 2).

Article 12.
In the procedure of special judicial protection, the court shall demand from the responsible authority an explanation as to the reasons why the request of the applicant was not processed and as to why a decision rejecting the request was not issued.
The responsible authority is obliged to provide the court with the explanation at once, and not later than within 7 days. If this is not done, or if the given explanation, in conviction of the court does not justify the action of the responsible authority, the court shall issue a decision by which the responsible authority is ordered to directly carry out the request of the applicant.
The responsible authority is obliged, without delay, to carry out the court decision directly ordering the realization of the request of the applicant.
The court shall notify the agency performing supervision over the responsible authority of all relevant circumstances, and may recommend disciplinary action or criminal procedure against the responsible officials or other persons.
If due to the circumstances the applicant sustained material, moral or other damage, the court shall, on the proposal of the applicant and by a special decision, compensate this damage.

Article 13.
If in the special judicial protection procedure the court finds that there existed reasons stipulated by this law that obliged the responsible authority to issue a decision rejecting the request of applicant (art. 7; art. 8, para. 1 & 2, art. 9, para. 2), the court will issue a decision ordering the responsible authority at once, and not later than 7 days, to issue and deliver to the applicant a decision rejecting access to information.
Against the decision of responsible authority issued by court order, the applicant may submit an appeal to the competent higher instance or take administrative judicial action in accordance with articles 10, para. 1 & 3 of this Law.
If the responsible authority does not issue a decision by court order, the court shall, in urgent procedure, issue a decision rejecting the request of the applicant, which in every respect substitutes the decision of the responsible authority.
Against the decision of the court that substitutes the decision of the responsible authority, the applicant may submit an appeal to the competent higher instance or take administrative judicial action, according to articles 10, para. 1& 3 of this Law.

Constitutional Appeal
Article 14.
In order to provide protection to free access to information, the applicant may submit a constitutional appeal or initiate other procedures for protection of constitutionality and legality, in accordance with the law regulating the procedure before the competent constitutional court.

Referring to the People's Attorney
Article 15.
The applicant may, in accordance with law, refer to the People's Attorney (ombudsman) for protection, when he/she believes that the right to free access to information has been breached by a decision or an act of the responsible authority.
The applicant may particularly refer to the People's Attorney for protection in cases of obstruction or unjustified concealing of information contained in documents in cases in which the request was been rejected on grounds stipulated in article 8 of this Law.

Official Register
Article 16.
Of requests, decisions and procedures regarding free access to information, the responsible authority is obliged to administer an official register in accordance with law and/or regulation prescribing the method the responsible authority is to conduct it.

Tax and Charge
Article 17.
When submitting a request for access to information, the applicant shall pay a minimum tax which is determined by the responsible authority.
The responsible authority may determine a minimum charge for duplicating documents.
The criteria for determining the tax and charge is established by the Government of Serbia.

Delivering Information
Article 18.
The applicant may, instead of directly accessing information, request that a copy of the document which contains the information be delivered to him/her by mail or by other delivery.
In this case, the provisions on tax and charge apply correspondingly.

Informing Public Mass Media
Article 19.
Article 19
In order to timely and truthfully inform the public, the responsible authority is obliged to enable the presence of representatives of the press and other public mass media at meeting and sessions which are not closed to the public, and particularly when at these meetings or sessions issues of general social significance are deliberated.
The responsible authority shall prepare necessary material for accredited journalists and other representatives of the public mass media and provide necessary technical and other conditions for their work.
On matters deliberated at meetings or session, the responsible authorities may inform the public through press releases .

Official Publications and Web-Sites
Article 20.
Regardless of individual requests for access to information, the responsible authorities are obliged to make public in an appropriate way (official publication, web-sites):

1) their decisions and measures that affect the life and work of the citizens, as well as the reasons for such action;
2) information about their activity, including information regarding the aims, standards, activities, organizational structure, expenses and sources of financing;
3) information on submitted requests, petitions, proposals, as well as other activity undertaken by natural or legal persons regarding the responsible authority.

Public Access to the Activity of the Responsible Authority
Article 21.
In order to provide public access to their activity, responsible authorities are obliged to make public conditions under which direct public access to their activity is ensured, particularly regarding presence of citizens applicant their meetings or sessions.
The responsible authorities are obliged to timely inform the public about:

1) the agenda of the meetings or sessions, the time they are to be held, relevant procedures, as well as the possibilities of providing direct access to their activity;
2) the procedures for attending meetings or sessions and the methods of directly inspecting the activities of the responsible authorities;
3) the number of persons that may attend the meetings or sessions, as well as the number persons that may inspect the activities of the responsible authorities, taking into account the order of application.

The citizens attending may be ordered to leave the meeting or session if they do not comply with the rules of order. The order to leave the premises is issued by the person chairing the meeting or presiding the session.
The responsible authorities are not obliged to provide direct access to their activity if confidential issues, as stipulated by law, are deliberated.

Information Officer
Article 22.
In order to provide free access to information contained in documents, the responsible authority is obliged to nominate a responsible person authorized to provide information and process requests of applicants (information officer).
The responsible authority is obliged to provide the public information regarding the information officer, such as: name, function, as well as information on the procedure how this person communicates with interested parties.
The information officer:

1) provides necessary information regarding the activity of the responsible authority;
2) upgrades the methods of processing, classifying, storage and rendering information contained in documents related to the activity of the responsible authority;
3) provides necessary assistance to applicants related to the realizations of rights stipulated by this Law.

The information officer is obliged to establish and administer a catalog of information contained in documents that the responsible authority controls or possesses.
The catalog defined in para. 4 of this article contains a standardized overview of information contained in documents with a description of their purpose and contents, as well as procedure and time they can be accessed.

Exemption of Accountability
Article 23.
An official, who in good faith and for the sake of timely, truthful and complete information to the public beyond his/her authority reveals certain information contained in an document (whistle blower), can not be held accountable, if access to such information does not fall under limitations listed in article 8 of this Law.

Application of Administrative Procedure Regulations
Article 24.
In conduct of procedures and issuing decisions regarding requests to free access to information, provisions of the law regulating general administrative procedure shall apply, unless otherwise stipulated by this Law.

Supervision over the Implementation of the Law
Article 25.
Government of the Republic Serbia shall supervise the implementation of this Law through its agency in charge of administrative inspection.

Transitory and Concluding Provisions
Article 26.
The responsible authorities shall ensure necessary personnel, as well as organizational, material, financial, technical, technological and other conditions to implement the provisions of this Law within 90 days of its entering into force.

Article 27.
This Law shall enter into force on the eighth day of its publication in the "Official Gazette of the Republic of Serbia".

Belgrade,
January 2003

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