You may be refused access to certain types of information such as information regarded as personal data, commercial or state secret.
Restricted information
Restricted information is intended for a limited number of persons who use it to perform their duties and normally only they receive access to it. Disclosure of such information can impair the functioning of state institutions or harm the rights of other persons.
Limited access to certain information can be prescribed by the law. For example, information concerning the private life or personal data of an individual, confidential information concerning criminal investigations or documents on state security marked as secret information. At the same time, the General Administrative Code of Georgia defines certain types of information that can not be marked as secret information, for example information about the environment and the possible risks and danger it creates for individuals life or health.
Request
In order to gain access to restricted information, you need to explain why you need this information and what you will use it for. For example there are different criterias that persons should satisfy to have access to a state secret. Access to the state secret information is defined in the Law of Georgia on State Secret. In some cases the public organization may mark some information as a commercial secret and therefore restrict the access to it. However, the General Administrative Code of Georgia allows you to appeal an issue of considering the information as a commercial secret.
Time
Although you may not have access to all the information, you can always submit the request. If the information you request is marked as secret information, the public organization must inform you about this immediately and within the 3 days must explain your rights and procedure how to complain. This information should be delivered to you in a written form.
Refusal & Explanation
State institutions can partly or fully deny you access to restricted information. This may, for example, be done to protect the rights of other persons or other important interests. However, in such a case they must issue a written decision where it indicates:
- the motivation, indicating the reasons for denying access to the information requested
- the legal basis for such refusal, including a reference to a law or government regulation
- the procedure and time-limits for appeal if you disagree with this decision
Criteria
Generally, according to the Georgian legislation while requesting the public information you don’t need to explain the purpose and reason. However, different criterias may be important to consider by a state institution or a court consider whether access to information should be granted or denied, they must balance your rights and interests with other interests protected by the concealment of the information. Therefore, they must evaluate:
- the public importance of the information you would like to receive
- the potential harm that could be done to the rights of other persons or other important interests if the information is disclosed
example State authorities may provide an environmental NGO access to general information about a planned wind power park, but might refuse to provide access to technical information in the interest of protecting industrial secrets. However, an absolute denial of access to information in this case would clearly be disproportional.
How to complain
Read more about how to complain where you have been denied access to restricted information.