Declaration of Media Representatives and Civil Society, Participants in Public Debate “Personal Data, Between Protecting Officials and Limiting Access to Information”

The undersigned, participants in the public debate “Personal Data, Between Protecting Officials and Limiting Access to Information” of February 13, 2017, note with concern the tendency of a number of public authorities to abusive interpretation of the Law on Protection of Personal Data, leading to unjustified refusal to provide information of public interest, especially to journalists. At the debate there were presented examples of cases when public authorities refused to provide information to journalists, lawyers and NGOs, motivating their refusal by the fact that the information requested constitutes personal data and cannot be disclosed without the consent of the person concerned. The most often reporters complain of limitation of access to information by the Ministry of Justice, specifically the courts web portal; the Prosecutor General’s Office; the National Integrity Authority; the Ministry of Internal Affairs; the Presidency; and many state-owned companies (Moldtelecom, Metalferos, Registru, Poșta Moldovei, Moldovagaz, etc.).

We want to remind all public authorities that Article 10 of the Law on Protection of Personal Data provides for exceptions from the general rules of processing personal data in situations when “personal data are processed solely for journalistic, artistic or literary purposes, if it involves the data made public voluntarily and expressly by the subject of personal data, or the data closely related to the public person quality of the subject of personal data, or the public nature of the facts in which they were involved, under the Law on Freedom of Expression.” Public interest prevails over individual interest, as expressly provided for by Article 10 of the said law and by European legislation, including the ECHR, to which Moldova is part, too.

The role of the media and NGOs is to watch over the way public authorities work, representing the counterbalance absolutely necessary for a functioning democracy. The media have not only the right, but also the obligation to provide the society with information of public interest, and no public or private authority has the right to prohibit it or to impede the exercise of this role. Moreover, in countries with a high level of corruption, reporters have the civic duty to reveal cases of wealth obtained in dubious ways, obscure interests and businesses affecting the public interest, including the duty to present precise data about fraudulent schemes and persons involved.

We urge all public authorities to apply the Law on Protection of Personal Data in line with European standards when processing any requests for information.

We urge the National Center for Personal Data Protection to inform public institutions about the provisions of Article 10 of the said law and to explain to them responsibility for violation of this article.

We urge the Government of the Republic of Moldova to ensure real access to information of public interest and to prevent abusive interpretation of the Law on Protection of Personal Data by responsible officials of public institutions.

We urge the Parliament of the Republic of Moldova to exercise parliamentary control on the practical implementation of the Law on Protection of Personal Data and to identify legislative and regulatory solutions to the issues raised by journalists and NGOs at the public debate “Personal Data, Between Protecting Officials and Limiting Access to Information.”

We urge development partners to engage in dialogue in order to inform Moldovan institutions about the importance of access to information for a country associated with the EU.

Signatories:
Journalistic Investigations Center of Moldova
Transparency International Moldova
Independent Journalism Center
Association of Independent Press
Newsmaker.md
TV7
Ziarul de Gardă
Amnesty International Moldova
Center of Legal Resources of Moldova
Lawyers for Human Rights
Association for a Responsible and Efficient Government
Center for Analysis and Prevention of Corruption
Institute of Public Policies
East Europe Foundation
Report.md
RISE Moldova
Association of Women Lawyers
“DIALOG-Pro” Resource Center
Center of Analysis, Supervision and Protection in the Energy Sector