Law no. 544/2001
Regarding free access to information of public interest.
Issuer: The Romanian parliament
Published in the Official Gazette no. 663 of October 23, 2001
Document content
Chapter 1 - General provisions
Article 1
The free and unrestricted access of the person to any information of public interest, defined as such by this law, constitutes one of the fundamental principles of relations between individuals and public authorities, in accordance with the Romanian Constitution and international documents ratified by the Romanian Parliament.
Article 2
For the purposes of this law:
- by public authority or institution is meant any public authority or institution, as well as any autonomous government that uses public financial resources and that carries out its activity on the territory of Romania, according to the Constitution;
- by information of public interest is understood any information that concerns the activities or results from the activities of a public authority or public institution, regardless of the support or the form or the way of expressing the information;
- by information regarding personal data is meant any information regarding an identified or identifiable natural person.
Chapter 2 - Organizing and ensuring access to information of public interest
Section 1 - Common provisions on access to information of public interest
Article 3
Access to information of public interest is ensured by public authorities and institutions ex officio or upon request, through the department for public relations or the person designated for this purpose.
Article 4
(1) In order to ensure the access of any person to information of public interest, public authorities and institutions have the obligation to organize specialized information and public relations departments or to designate persons with attributions in this field.
(2) The attributions, organization and operation of the public relations departments are established, based on the provisions of this law, by the organization and operation regulation of the respective public authority or institution.
Article 5
(1) Each public authority or institution has the obligation to communicate ex officio the following information of public interest:
a) the normative acts that regulate the organization and operation of the public authority or institution;
b) the organizational structure, the attributions of the departments, the operating schedule, the audience schedule of the public authority or institution;
c) the names and surnames of the persons in the management of the public authority or institution and of the official responsible for disseminating public information;
d) the contact details of the public authority or institution, respectively: name, headquarters, phone numbers, fax numbers, e-mail address and website address;
e) financial sources, budget and balance sheet;
f) own programs and strategies;
g) the list including documents of public interest;
h) the list including the categories of documents produced and/or managed, according to the law;
i) the ways of contesting the decision of the authority or the public institution in the situation where the person considers himself injured regarding the right of access to the requested information of public interest.
(2) Public authorities and institutions have the obligation to publish and annually update an information bulletin that will include the information provided for para. (1).
(3) Public authorities are obliged to publish a periodic activity report ex officio, at least annually, which will be published in the Official Gazette of Romania, Part II.
(4) Access to the information provided for para. (1) is achieved by:
a) display at the headquarters of the authority or public institution or by publication in the Official Gazette of Romania or in the mass media, in its own publications, as well as on its own Internet page;
b) their consultation at the headquarters of the authority or public institution, in spaces specially designed for this purpose.
(5) Public authorities and institutions have the obligation to make available to interested persons the privatization contracts concluded after the entry into force of this law, through consultation at their headquarters. The above provisions do not apply in the case of privatization contracts that fall within the scope of the provisions Art. 12 para. (1).
(on 29-06-2007, Para. (5) of art. 5 was introduced by art. unique from LAW no. 188 of June 19, 2007, published in the OFFICIAL GAZETTE no. 425 of June 26, 2007. )
Article 6
(1) Any person has the right to request and obtain from public authorities and institutions, under the terms of this law, information of public interest.
(2) Public authorities and institutions are obliged to provide individuals, at their request, with information of public interest requested in writing or verbally.
(3) The written request for information of public interest includes the following elements:
a) the public authority or institution to which the request is addressed;
b) the requested information, so as to allow the public authority or institution to identify the information of public interest;
c) the name, surname and signature of the applicant, as well as the address to which the reply is requested.
Article 7
(1) Public authorities and institutions have the obligation to respond in writing to the request for information of public interest within 10 days or, as the case may be, within 30 days at most from the registration of the request, depending on the difficulty, complexity, volume of documentary work and urgency request. If the time required to identify and disseminate the requested information exceeds 10 days, the response will be communicated to the applicant within a maximum of 30 days, provided notifying him in writing about this fact within 10 days.
(2) The refusal to communicate the requested information is motivated and communicated within 5 days of receiving the petitions.
(3) Requesting and obtaining information of public interest can be done, if the necessary technical conditions are met, also in electronic format.
Article 8
(1) For the information requested verbally, the officials from the information and public relations departments have the obligation to specify the conditions and forms in which access to information of public interest takes place and can provide on the spot the requested information.
(2) If the requested information is not available on the spot, the person is instructed to request the information of public interest in writing, and his request will be resolved within the terms provided for Art. 7.
(3) Verbally requested information of public interest is communicated within a minimum schedule established by the management of the public authority or institution, which will be displayed at its headquarters and which will obligatorily take place during the institution's working hours, including one day a week, after the schedule Operating.
(4) Registry activities on petitions cannot be included in this program and are carried out separately.
(5) Information of public interest verbally requested by the mass media will be communicated, as a rule, immediately or within 24 hours at most.
Article 9
(1) If the request for information involves making copies of the documents held by the public authority or institution, the cost of the copying services is borne by the applicant, in accordance with the law.
(2) If, following the information received, the petitioner requests new information regarding the documents in the possession of the authority or public institution, this request will be treated as a new petition, with the response being sent within the deadlines set out in Art. 7 and 8.
Article 10
It is not subject to the provisions species. 7-9 the activity of public authorities and institutions in response to petitions and hearings, carried out according to the specifics of their competences, if it concerns other approvals, authorizations, services and any other requests apart from information of public interest.
Article 11
(1) People who carry out studies and research for their own benefit or in the interest of the service have access to the documentary fund of the authority or public institution based on personal request, in accordance with the law.
(2) Copies of documents held by the authority or public institution are made under the conditions Art. 9.
Article 12
(1) It is exempted from the free access of citizens, provided for art. 1, next information:
a) the information in the field of national defense, safety and public order, if they are part of the categories of classified information, according to the law;
b) the information regarding the deliberations of the authorities, as well as those concerning the economic and political interests of Romania, if they are part of the category of classified information, according to the law;
c) the information regarding commercial or financial activities, if their publicity harms the principle of fair competition, according to the law;
d) information on personal data, according to the law;
e) the information regarding the procedure during the criminal or disciplinary investigation, if the result of the investigation is jeopardized, confidential sources are revealed or the life, bodily integrity, health of a person is endangered as a result of the conducted or ongoing investigation;
f) the information regarding judicial proceedings, if their publicity affects the provision of a fair trial or the legitimate interest of any of the parties involved in the trial;
g) the information the publication of which prejudices the measures for the protection of young people.
(2) Responsibility for the application of measures to protect information belonging to the categories provided for para. (1) it rests with the people and public authorities who hold such information, as well as the public institutions empowered by law to ensure the security of the information.
Article 13
Information that favors or hides the violation of the law by a public authority or institution cannot be included in the category of classified information and constitutes information of public interest.
Article 14
(1) Information regarding the citizen's personal data can become information of public interest only to the extent that it affects the ability to exercise a public function.
(2) Public information of personal interest may not be transferred between public authorities except under a legal obligation or with the prior written consent of the person who has access to that information according to Art. 2.
Section 2 - Special provisions regarding mass media access to information of public interest
Article 15
(1) Mass media access to information of public interest is guaranteed.
(2) The activity of collecting and disseminating information of public interest, carried out by the mass media, constitutes a materialization of the right of citizens to have access to any information of public interest.
Article 16
In order to ensure mass media access to information of public interest, public authorities and institutions have the obligation to appoint a spokesperson, usually from the information and public relations departments.
Article 17
(1) The public authorities have the obligation to periodically organize, usually once a month, press conferences to inform the public of information of public interest.
(2) During the press conferences, the public authorities are obliged to respond regarding any information of public interest.
Article 18
(1) Public authorities have the obligation to grant accreditation to journalists and mass media representatives without discrimination.
(2) Accreditation is granted upon request, within two days of its registration.
(3) Public authorities can refuse to grant accreditation or can withdraw the accreditation of a journalist only for facts that prevent the normal performance of the activity of the public authority and that do not concern the opinions expressed in the press by that journalist, under the conditions and within the limits of the law.
(4) Refusal to grant accreditation and withdrawal of accreditation to a journalist shall be communicated in writing and shall not affect the media organization's right to obtain accreditation for another journalist.
Article 19
(1) Public authorities and institutions have the obligation to inform the mass media in a timely manner about press conferences or any other public actions organized by them.
(2) Public authorities and institutions cannot in any way prohibit mass media access to public actions organized by them.
(3) Public authorities that are obliged by their own law of organization and operation to carry out specific activities in the presence of the public are obliged to allow the media access to those activities, in the dissemination of materials obtained by journalists, taking into account only professional deontology.
Article 20
The mass media do not have the obligation to publish the information provided by the authorities or public institutions.
Chapter 3 - Sanctions
Article 21
(1) The explicit or tacit refusal of the designated employee of a public authority or institution to apply the provisions of this law constitutes a violation and attracts the disciplinary liability of the guilty party.
(2) Against the refusal provided for para. (1) a complaint can be submitted to the head of the authority or the respective public institution within 30 days of being informed by the injured person.
(3) If, after the administrative investigation, the complaint proves to be well-founded, the response is sent to the injured person within 15 days of filing the complaint and will contain both the information of public interest initially requested, as well as the mention of the disciplinary sanctions taken against the guilty party.
Article 22
(1) If a person considers himself injured in his rights, provided for in this law, he can file a complaint with the administrative litigation section of the court in whose territorial area he resides or in whose territorial area the seat of the authority or public institution is located. The complaint is made within 30 days from the date of expiry of the term provided for Art. 7.
(2) The court can compel the public authority or institution to provide the requested public interest information and to pay moral and/or patrimonial damages.
(3) The court's decision is subject to appeal.
(4) The decision of the Court of Appeal is final and irrevocable.
(5) Both the complaint and the appeal are heard in courtin the emergency procedure and are exempt from stamp duty.
Chapter 4 - Transitional and final provisions
Article 23
(1) This law will enter into force 60 days from the date of publication in the Official Gazette of Romania, Part I.
(2) Within 60 days from the date of publication of this law in the Official Gazette of Romania, Part I, the Government will elaborate, at the initiative of the Ministry of Public Information, the methodological rules for its application.
Article 24
(1) Within 60 days from the date of entry into force of this law, the Ministry of Public Information, the Ministry of Communications and Information Technology and the Ministry of Public Finance will submit proposals to the Government regarding the necessary measures for information of public interest to become progressively available through computerized databases accessible to the public at national level.
(2) The measures provided for para. (1) they will also look at equipping public authorities and institutions with appropriate computing equipment.
Article 24
On the date of entry into force of this law, any contrary provisions are repealed.This law was adopted by the Senate in the meeting of September 13, 2001, respecting the provisions Art. 74 para. (2) from the Constitution of Romania.
The President of the Senate – Paul Păcuraru
This law was adopted by the Chamber of Deputies in the meeting of September 18, 2001, in compliance with the provisions of art. 74 para. (2) of the Romanian Constitution.
The President of the Chamber of Deputies - Valer Dorneanu