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Рy25 September 2019
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The draft law developed by the State Chancellery, which provides free access for journalists to several databases, was approved by the Executive during the meeting of 25 September. Note that the document kept the provision criticised by many investigative journalists, which states that media outlets will have to be registered as personal data operators in order to have free access to databases. The legislative initiative is to be submitted to the Parliament for review.
Thus, if the draft is passed in the version proposed by the Government, journalists could obtain the right to have free access to databases in the state registers of legal entities and individual entrepreneurs, as well as in the cadastral registers, only if the media outlets represented by them have the authorization of personal data operator, issued by the National Center for Personal Data Protection.
Thus, if the draft is passed in the version proposed by the Government, journalists could obtain the right to have free access to databases in the state registers of legal entities and individual entrepreneurs, as well as in the cadastral registers, only if the media outlets represented by them have the authorization of personal data operator, issued by the National Center for Personal Data Protection.
During the meeting, Prime Minister Maia Sandu stated that this draft law was for the benefit of the independent media, which faces financial problems and incurs expenses for accessing public interest data provided against payment.
Note that, in the last weeks since the Government announced that it was working on such a draft law, several opinions were made public criticizing the initiative to condition the free access to databases on the need to have media outlets registered as personal data operators.
Alina Radu, director of the weekly investigation newspaper Ziarul de Garda, stated in her comment ‘How much does access to information cost? In terms of years and money’ that she had submitted to the Government a list of requirements and proposals on how databases should work in the best interest of the people. ‘We ask authorities of this state to provide easy access, with minor payments or free of charge, with indestructible access mechanisms’ writes the journalist.
In another comment for Media-azi.md, the investigation journalist Liuba Sevciuc states that the requirement for registration as a personal data operator could become, in certain circumstances, ‘a truncheon in the authorities’ hands directed, when necessary, against journalists’.
According to the journalist, despite having the status of personal data operator, RISE Moldova faced refusals from the officials, who rejected their requests to access information on the grounds that they concern personal data. In the opinion of Liuba Sevciuc, the best solution is that journalists to be exempted from the requirement to register as personal data operator, because the media does not process a large volume of personal data anyway.
Sergiu Bozianu, Chair of the Privacy Research Association, stated in the Media-azi show that ‘media should not register as personal data processing operator. This refers to news portals, websites, TV shows, radio or printed press.’
The expert believes that information of public interest should be accessible for all. In his opinion, in order to avoid use of personal data in bad faith it is sufficient to provide free access only for officially registered institutions, which identify themselves as media.
Earlier, investigation journalists have repeatedly pointed out the need to eliminate or decrease the fees for accessing the databases of State Registers or ‘Cadastru’, since this increases the costs for producing journalist investigations.
