Draft!

M E M O R A N D U M
Prepared on the ground of the discussions held during six Regional Round Tables on Advocacy for Free Access to Information, held in 2007 in the towns of Vidin, Veliko Tyrnovo, Razgrad, Varna, Plovdiv and Bourgas

We, the representatives of non-governmental organizations, who took part in the round tables, declare that in the process of searching for access to public information, we have faced the following problems:

• Municipal administrations often give as a reply of requests huge amount of information, which does not correspond accurately and precisly to the request;
  
• Even if public institutions provide the requested information, that information is not always sufficient and reliable;
  
• When citizens ask for information, the officials react as if they are threatened;
  
• There is no practice of sending information via mail;
  
• Insufficient IT skills of officials often makes electronic information provision impossible;
  
• Lack of transparency related to the evaluation process of applications for the EU preaccession program funds after the end of the procedure;
  
• Difficult access to information, held by monopolists which provide public services (Water & Sewage Companies, Heating Companies, Electricity Companies, Bulgarian Telecommunication Company);
  
• Institutions often refuse information of high public interest on the ground of trade secret;
  
• Hampered protection against information refusals as the only possibility of appealing is before the court.

Convinced that improvement of access to public information is of crucial importance for the development of active civil society and culture of transparency in Bulgaria, we suggest:

Amendments to access to information connected legislation:

• More detailed definition of the “trade secret” in the Fair Competition Act to be introduced;
  
• The category of “administrative/office secret” to be removed from the text of the Protection of Classified Information Act;
  
• A possibility for administrative appealing of refusals to access to information to be provided;
  
• An independent oversight body for reviewing refusals of access to information to be established.

Amendments regarding active publication of public information:

• A web site to be developed on which frequently sought information from different institutions to be published, as well as the number of submitted requests, and the number of issued replies and refusals. This could be implied as a duty to the Ministry of State Administration and Administrative Reform;
  
• Every institution to publish frequently sought information (more than 3 times) on its web site;
  
• Every institution to develop and maintain a forum – frequently asked questions (FAQ) and a hot phone line;
  
• Every institution to publish secondary legislation, regulations, instructions and internal rules related to the APIA implementation within the respective institution;
  
• All decisions of the municipal council and the orders issued by the mayor to be published on the web site of the respective municipality;
  
• Minutes from the sessions of temporary and permanent municipal commissions to be published on the web site of the respective municipality;
  
• All documents related to the evaluation of projects financed under EU programs to be public, including on the Internet;
  
• The names of the members of committees which take decisions regarding the projects financed under the EU programs to be provided after the evaluation procedure is ended.

Changes regarding the APIA implementation:

• The process of submission of requests and receiving information to be shortened – one-stop-shop service;
  
• Possibility for e-submission of requests and e-tracking of request within the institutions to be introduced;
  
• Sanctions for civil servant who do not fulfil their obligations under the APIA to be executed.
  

Pursuing the aim of strengthening NGOs’ and citizens’ capacity as advocates for freedom of information, we suggest:

• To raise public awareness on access to public information regulations and to help citizens be aware and exercise their right of access to information successfully;
• To publish a revised edition of the How to Get Access to Information. Handbook;
  
• To establish a National Access to Information Advocates Network in Bulgaria.