Annual Report for the Public Administration 2004

There is an increase with 48% in 2004 as compared to 2003 of the refusals for access to
public information.
395
315
469
2002 2003 2004
diagram VI-4. Number of refusals for access to public information
The largest number of refusals again (as in 2003) has been based on Article 37, paragraph
1, item 2 of the Law on Access to Public Information, i.e. where a third party's interests are affected
and the third party has not granted its explicit written consent for the disclosure of the requested
public information.
224
Art.37(1)1 of the Law
Art.37(1)2 of the Law
Art.37(1)3 of the Law
Art.13(2)1 of the Law
Art.13(2)2 of the Law
Other reasons
73
28
55
17
72
diagram VI-5. Reasons for refusal of access to public information 7
A considerable part of the refusals to grant access to public information in 2004 is also in the
municipality of Sofia 150 (3 times more than in 2003). Other administrative structures with a
considerable number of refusals of access to public information are: Razgrad municipality – 25, the
Financial Intelligence Agency – 22, the Ministry of Justice – 13.
The total number of applications for access to public information which were left unheeded is
190. It is highest in regional administration Burgas – 103, Sofia munnicipality – 8, Regiona Lozenetz
of Sofia municipality – 9, regional administration Sofia – 7, regional administration of Sofia region –
4, municipality Burgas - 4, regional administration Varna – 3, municipality Kocherinovo –3,
municipality Montana - 3.
The total number of appeals against the refusal to grant access to public information has
increased twice as compared to 2003 - 72. Of these, the greatest number were filed in municipality
7 Art.37(1)1 of the Law – the requested information is classified information, representing service secret.
Art.37(1)2 of the Law – the access is affecting a third party's interests and the third party has not granted its explicit
written consent for the disclosure of the requested public information.
Art.37(1)3 of the Law – the requested information has been submitted to the applicant during the previous 6 months.
Art.13(2)1 of the Law – the access to service public information can be limited when it is related to the operational
preparation of the acts of the authorities and has no individual meaning (opinions and recommendations prepared by or
for the authority, comments and consultations).
Art.13(2)2 of the Law – the access to service public information can be limited when it contains opinions and positions in
relation to current or future negotiations, lead by the authority or on its behalf, as well as data related to them and the
information has been prepared by the administrations of the respective authorities.
2004 Annual Report for the Public Administration 77