Croatia adopted Freedom of Information Act (FOIA) in late 2003 as a result of NGO coalition “Citizens have a right to know” advocacy campaign. However, implementation of FOIA in Croatia was questionable due to insufficient experience, education as well as inadequate capacity of administrative staff responsible for enforcement.
Croatia adopted Freedom of Information Act (FOIA) in late 2003 as a result of NGO coalition “Citizens have a right to know” advocacy campaign. However, implementation of FOIA in Croatia was questionable due to insufficient experience, education as well as inadequate capacity of administrative staff responsible for enforcement.
GONG has recognized the flaws of FOIA regulation as well as implementation together with its immense significance for the citizens, public and the rule of law and has therefore decided to engage in a comprehensive long-term project using several methods such as:
– research on FOIA implementation
– advocacy for the improvement of legislation and implementation of FOIA
– public campaigns
– advising, consultation and cooperation.
Research on FOIA implementation
During 2005 and 2006 GONG conducted two sets of research on the implementation of FOIA by public bodies. Both showed that almost 50% of public bodies did not proceed upon requests to access information set by civic applicants. Research summaries can be found here: Research 2006 (15 KB) and Research 2007 (14 KB).
Research results pointed several problems in FOIA implementation such as:
– the legal requirement to appoint information clerks as well as found the information catalogues was not accomplished by some public bodies
– the tendency to misuse provisions of Data Secrecy Act and Personal Data Protection Act in order to deny access to information is evident
– public bodies send false data to Central State Administrative Office for Public Affairs about the number of received requests, number of granted access, therefore the Annual report on FOIA implementation is not relevant
– some public bodies charge citizens with a fee per request, although FOIA does not prescribe that possibility
– the list of public bodies is not full as well as criteria for being declared a public body (furthermore, some of the bodies listed were not founded at the moment the list was adopted by the Government).
Advocacy for the improvement of legislation and implementation of FOIA
Both researches series served as a platform for in depth analysis of the FOIA implementation and regulation and present a foundation for GONG’s advocacy initiatives in FOIA field which require:
– introducing a public interest test
– foundation of the institution of information commissioner
– providing a definition of public competences in order to clearly define what public bodies are
– gradual elimination of the List of public bodies.
GONG’s advocacy efforts included meetings with stakeholders (Central State Administrative Office for Public Administration, State Office for National Security, Personal Data Protection Agency, Government, MPs), media outreach, organization of public events, comparative law analyses, drafting petitions to Constitutional Court of Croatia and other state bodies, forming coalitions and joining international networks.
Public campaigns
GONG has launched two media campaigns on 28th September 2006 and 2007, celebrating the International Freedom of Information Day, under the name “Citizens have a right to know” in order to raise public awareness on the implementation of the FOIA. The goal of the campaigns was to raise the awareness of citizens and educate them about their right to access information and right to participate in decision making process.
In cooperation with experts, GONG has produced a video (TV) and radio clips which were run free of charge on more than 10 TV stations and more than 30 radio stations throughout Croatia, including three major TV stations in Croatia. GONG updated the web site by adding information relevant to FOIA process in a Frequently-Asked-Questions form and templates of requests, appeals and law suits in both Croatian and English language. In addition to the media campaign, GONG has produced an educational leaflet for citizens regarding their right to access information held by public bodies. Around 10 000 leaflets were distributed to citizens, NGOs and even state institutions through GONG’s Regional offices and volunteers.
Advising, consultation and cooperation
GONG has provided advice regarding FOIA in numerous cases. Most cases were regarding accessing documents in possession of local representative and executive bodies, urban plans, building permits, document adopted by the Government and Parliament etc. Furthermore, GONG has provided advice to many public institutions on local and regional level upon their request or as a result of the research when realized that a public institution needed to be advised on how to proceed in FOIA cases (mostly on local level).
Cooperation with international institutions
Due to roundtables GONG organized, GONG developed relations with Slovenian and Irish Information Commissioner Office, as well as international organizations such as OSCE and European Commission.
During 2007 GONG became a member of FOIA Network, an international network of organizations, state officials and NGO who implement FOIA all around the world. The goal of the Network is to proclaim freedom of information, exchange information on national events and situation as well as strongly advocate for FOIA improvements when required by a member organization.