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Rights of persons who reuest information (inquirers) provided by the law of ukraine ‘on access to public information’

Pursuant to Article 10 of the Law of Ukraine ‘On Access to Public Information’ every person shall be entitled to:

1) know what its personal data and for what purposes are gathered, transmitted or distributed during the period of gathering the information but prior to the beginning of its use, except for the cases provided by the law;

2) access its personal information gathered and stored;

3) demand to correct incorrect, incomplete, out-of-date personal information, to delete its personal information which has been gathered, used or stored in violation of law;

4) get the information under the court decision regarding other persons if it is required with the purpose of excising and protecting rights and legitimate interests;

5) receive compensation for damages incurred in connection with disclosure of the information about such person in violation of requirements determined by the law. Pursuant to Article 19 of the Law of Ukraine ‘On Access to Public Information’ the inquirer shall be entitled to apply to the owner of information with the request for information whether this information refers to such person or not, without explanation of the reason for making such request. According to the Law of Ukraine ‘On Access to Public Information’ response to the information request must be provided within at least five working days of the date of receipt of such information request. If an essential volume of information is requested or if the requested information has to be retrieved among the huge volume of data, time for processing of the request may be extended to 20 working days of the date of giving reasons for such extension. Pursuant to Article 23 of the Law of Ukraine ‘On Access to Public Information’ the inquirer shall be entitled to appeal against:

1) rejection of the information request;

2) postponement in granting the information request;

3) non-delivery of response to the information request;

4) delivery of unreliable or incomplete information;

5) untimely delivery of the information;

6) non-fulfillment by the owner of information of its responsibility to make public disclosure of the information according to Article 15 of this Law;

7) other decisions, actions or omissions to act by the owners of information in violation of legally secured rights and interests of the inquirers. Pursuant to Article 23 of the Law of Ukraine ‘On Access to Public Information’ decisions, actions or omissions to act by owners of information may be appealed to the manager of the information owner, higher authority or to the court. Appeals against decisions, actions of omissions to act by the information owners shall be filed according to the Code of Administrative Court Procedure of Ukraine.


REJECTION AND POSTPONEMENT IN SATISFYING REQUEST FOR PUBLIC INFORMATION

Pursuant to Article 22 of the Law of Ukraine ‘On Access to Public Information’:

The owner of information shall be entitled to reject to provide the requested information if:

1) the owner of the information does not possess and according to its competence provided by the law he is not obliged to possess the requested information;

2) the requested information is the information with a limited access according to the part II of Article 6 of the above Law;

3) the person who made such information request did not pay actual costs related to copying or printing, as provided by Article 21 of this Law;

4) requirements to the request for information have not been met, as provided by the part V of Article 19 of this Law.

Response of the information owner which says that the information can be received by the inquirer from public information sources or the response, which is off the point, shall be deemed as illegal rejection to provide such information. The owner of the information who does not possess the requested information, but according to the status or nature of its activities is or should be aware of the persons who possess such information shall be obliged to send this information request to the proper owner of the information therewith informing the inquirer of the above. Then the period for processing that information request shall start from the date of receipt of the information request by the proper owner of the information.

Rejection of the information request should contain:

1) surname, name, patronymic name and post of the person responsible for processing of the information request by the owner of the information;

2) date of rejection;

3) valid reason for the rejection;

4) procedure of appeal against such rejection;

5) signature

Rejection of the information request shall be made in a written format. Postponement in satisfying the information request shall be acceptable if the request information can’t be provided for consideration within the deadline provided by this Law under the force majeure circumstances. Decision on postponement shall be informed in a written format to the inquirer explaining the procedure for appeal against the decision made. The decision on postponement of satisfying the information request should contain:
1) surname, name, patronymic name of the person responsible for processing the information request by the owner of the information

2) date of sending or handing out of the postponement notice;

3) reasons in connection thereto the information request can’t be satisfied within the time period provided by this Law;

4) time period within which such information request will be satisfied;

5) signature.