18 March 2019
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A new case of restricting the access to information by the authorities was examined in the court. The Supreme Court of Justice (‘SCJ’), by its judgement of 13 March 2019 ruled in favour of Orhei Radio station in the case against Orhei Mayoralty, which refused to provide information on the organization of a tender requested by the said broadcaster.
In April 2017, the media outlet requested the local public authority to provide them with copies of the minutes confirming the selection of Borintex Company for carrying out maintenance and planning works of the green areas in Orhei.
In April 2017, the media outlet requested the local public authority to provide them with copies of the minutes confirming the selection of Borintex Company for carrying out maintenance and planning works of the green areas in Orhei.
Later on, in June of the same year, the radio station requested also other information from Orhei Mayoralty, such as copies of the terms of reference for the procurement procedures by call for tenders for the following procurement objects: 2016 - ‘Maintenance and Planning Works of Green AreaOKs in Orhei’; 2017 - ‘Maintenance and Planning Works of Green Areas in Orhei’.
In both cases Orhei Mayoralty refused to provide the requested information invoking personal data protection and trade secret.
Radio Orhei filed a lawsuit to gain access to these data and won the case in Orhei Court, but the decision was appealed by the Mayoralty to the Chisinau Court of Appeal. Subsequently, the Court of Appeal upheld the decision of the first instance. The Mayoralty filed a new appeal with the Supreme Court of Justice, which however obliged the local public authority to provide Radio Orhei with the requested information of public interest. SCJ decision is final.
In both cases Orhei Mayoralty refused to provide the requested information invoking personal data protection and trade secret.
Radio Orhei filed a lawsuit to gain access to these data and won the case in Orhei Court, but the decision was appealed by the Mayoralty to the Chisinau Court of Appeal. Subsequently, the Court of Appeal upheld the decision of the first instance. The Mayoralty filed a new appeal with the Supreme Court of Justice, which however obliged the local public authority to provide Radio Orhei with the requested information of public interest. SCJ decision is final.
Photo source: cuvantul.md