Constitution of the State of Lithuania

(5) Citizens shall have the right to obtain any available information which concerns them from State agencies in the manner established by law.

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ACT ON RIGHT OF ACCESS TO INFORMATION FROM STATE AND LOCAL AUTHORITY BODIES

10 NOVEMBER 2005, NO X-383

Article 1. Recast version of the Republic of Lithuania Act on the right of access to information from State and local authority bodies

The Republic of Lithuania Act on the right of access to information from State and local authority bodies shall be amended and shall be worded as follows:

“REPUBLIC OF LITHUANIA ACT ON THE RIGHT OF ACCESS TO INFORMATION FROM STATE AND LOCAL AUTHORITY BODIES

SECTION ONE GENERAL PROVISIONS

Article 1. Purpose and scope

1.    This Act ensures that persons have a right of access to information from State or local authority bodies and lays down the procedure for exercising this right, and governs the actions of State and local authority bodies when providing such information  to persons.

2.    This Act creates conditions in which persons are able to gain access to information held by State and local authority bodies and to use it for commercial and non- commercial purposes.

3.    Except where the provision of private information and the exercise of public administration functions laid down in Article 7 of this Act are concerned, this Act shall not apply to:

(1)    information, the management of which is not an activity connected with the exercise of functions entrusted to State and local authority bodies by legal acts;

(2)    information in respect of which State and local authority bodies hold industrial property rights or third parties hold copyright or related rights or database producer (sui generis) rights;

(3)    information held by Lithuanian national radio and television or other broadcasters funded by the State budget;

(4)    information held by schools, libraries or scientific research bodies;

(5)    information held by museums, theatres or concert venues, or bodies of the Lithuanian Archives Department attached to the Government of the Republic of Lithuania;

(6)    information which by law is not to be provided for reasons of national or public security, national defence interests or owing to a restriction on the use of statistical data, or which constitute a State, official, commercial, professional or banking secret in other cases specified by law;

(7)    information the provision of which is governed by other acts;

(8)    where a person is obliged, in accordance with the procedure laid down in legal acts, to justify the purpose for which the information requested is to be used;

(9)    where public administration bodies exchange information amongst themselves in the context of official assistance.

4.    This Act transposes the legal acts of the European Union listed in the Annex

hereto.

Article 2. For the purposes of this Act, the basic terms below shall be defined as follows:

1.    Document shall mean any information to be provided, or any part thereof, compiled or received by a State or local authority institution or body, in written, including electronic, or graphical form, or in audio or video form.

2.    Information shall mean knowledge available  to a State or local authority institution or body.

3.    Information file shall mean a structured set of documents presented according to specific criteria making it easier to locate the documents.

4.    Provision of information shall mean the disclosure of information by communicating it or otherwise making it available to applicants and giving them the right to freely acquaint themselves with the documents and/or to use them for commercial or non-commercial purposes.

5.    Re-use shall mean the use of information by persons for commercial or non- commercial purposes.

6.    Applicant shall mean a citizen of the Republic of Lithuania, a citizen of a State signatory to the European Economic Area Agreement, a foreign national having the right to reside in the Republic of Lithuania, or a group of such persons, a legal person of the Republic of Lithuania, legal persons or other organisations registered in a State signatory to the European Economic Area Agreement, or representative offices and branches thereof established in the Republic of Lithuania.

7.    Applicant’s representative shall mean a person entitled to represent the applicant in accordance with a procedure laid down by law.

8.    Request shall mean a verbal or written application by an applicant, including applications received in electronic form, submitted in accordance with the procedure laid down in this Act.

9.    Private information shall mean particular data of a natural person, as laid down in the Legal Protection of Personal Data Act, information on a person’s and his family’s circumstances or information relating to a person’s honour and dignity.

10.    State and local authority institutions and bodies (hereinafter “bodies”) shall mean representative bodies, the head of State, executive and judicial authorities, law enforcement agencies and bodies, audit and control authorities and bodies, other State and local authority bodies financed out of the State and local authority budgets and State funds and on which the law confers administrative powers, and undertakings and bodies providing public services to persons.

Article 3. Duty of bodies to provide information

1.    Bodies shall provide information to applicants. It shall be possible to refuse to provide information in accordance with the procedure laid down in this Act.

2.    Bodies shall provide information to applicants in the form  of documents, information files or parts thereof processed at the body concerned, preference being given to the provision of information via the Internet or by other electronic means.

Article 4. Principles governing the provision of information

When providing information, bodies shall be guided by the following principles:

(1)    completeness, i.e. the applicant shall be provided with all information he has requested which can be provided in accordance with the law;

(2)    accuracy, i.e. the information provided to the applicant must match the information held by the body;

(3)    lawfulness, i.e. the body’s actions in providing the information shall be based on this and other laws and other legal acts;

(4)    objectivity, i.e. civil servants and employees of the body shall maintain impartiality and objectivity when providing information.

Article 5. Non-discrimination

1.    Conditions governing the provision and use of information for commercial and non-commercial purposes may be laid down in laws and/or other legal instruments, but they shall not result in discrimination amongst applicants using information for the same purpose.

2.    If a body uses information it processes for an activity which is not related to the performance of functions entrusted to it by law, it shall provide itself with such information under the same conditions as apply to all applicants.

SECTION TWO

DUTY OF BODIES TO PROVIDE INFORMATION ON THEIR OWN ACTIVITIES AND TO PROVIDE PRIVATE INFORMATION

Article 6. Provision of information on a body’s own activities

1.    Bodies shall maintain an internet site corresponding to the requirements adopted by the Government on which to provide information about its own functions, structure, an index of information which can be provided, and other information specified by law,

2.    All information on a body’s activities in carrying out functions entrusted to it by law shall be available to all and provided free of charge.

Article 7. Procedure for obtaining private information

1.    Applicants shall have a right of access to private information on themselves, except where laws of the Republic of Lithuania lay down that such information shall not be provided.

2.    Private information on an applicant shall be provided to the applicant in accordance with the procedure laid down in this Act on submission of a request and on confirmation of the person’s identity in accordance with the procedure laid down by law.

SECTION THREE

CONDITIONS GOVERINING THE PROVISION OF INFORMATION FOR RE- USE

Article 8. Payment for the provision of information

1.    Bodies shall provide information free of charge, except where a State fee or a charge laid down by law is levied for the provision of information.

2.    Payment for the provision of information shall not exceed the costs incurred in preparing and providing the information together with a justifiable return on investment.

3.    On their websites, bodies shall publish the conditions governing the provision and use of information as laid down by laws and other legal instruments and shall indicate the level of State fees or charges for the provision of information where a charge is made for the provision of information.

4.    If an applicant so requests, bodies shall indicate the basis on which fees or charges for the provision of information are calculated.

Article 9. Prohibition on granting exclusive rights

1.    Bodies shall not conclude agreements with third parties granting exclusive rights to provide information.

2.    An agreement with an applicant to provide information shall not confer exclusive rights on the applicant, even if he provides the information to third parties by means of a product created on the basis of the information obtained.

3.    An exclusive right may be granted if it is necessary for the provision of public services. The granting of exclusive rights must be periodically reviewed at least once every three years. Agreements conferring exclusive rights shall be transparent and shall be published.

Article 10. Conditions governing the provision and use of information files

1.    Where laws and other legal instruments lay down conditions for the use of electronically processed information compiled in information files, the bodies concerned shall draw up permits for the use of such information and issue them to applicants. The permits shall set out the conditions governing the use of the information. Conditions set out in a permit shall not restrict the use of the information any more than is laid down in laws.

2.    It is recommended that bodies draw up model forms. Model permits shall normally be handled and published electronically.

3.    Information files for the use of which permits are issued shall be provided only when the applicant has confirmed that he agrees with the conditions. Bodies shall make it possible for applicants to register their agreement to the conditions of the permit electronically.

Article 11.    List of information files

1.    The list of information files shall be maintained by a body authorised by the Government.

2.    The relevant body shall communicate to the authorised body data on the content, form and conditions for the provision and use of, and access to, electronically maintained information files. The Government and the body it has authorised shall lay down the procedure for adding data to the list of information files.

SECTION FOUR

SUBMISSION AND CONSIDERATION OF REQUESTS AND PROVISION OF INFORMATION

Article 12. Submission of requests

1.    Applicants wishing to have access to information from a body shall submit a request. They shall specify in their requests the information or document to which they want to have access, their full name and address (in the case of a natural person) or titles, code and registered office (in the case of a legal person) and contact information. If the applicant’s representative is applying for the information, the full name and address of the

representative must be given, and the document authorising him to act as representative and the name of the applicant on whose behalf he is acting must be indicated. The body concerned shall publish the form for submitting a request on its website.

2.    Requests may be submitted by hand at the body concerned, sent by post or express courier service or transmitted electronically, provided that the applicant is identifiable. Requests other than those made verbally shall be registered, processed and entered in the records in accordance with the procedure laid down by laws and other legislation.3. Verbal requests may be made by telephone or in person on the premises of the body concerned if the applicant wishes to obtain information verbally or to peruse a document without requesting a copy thereof, where the information may be provided immediately, subject to the procedure laid down in this Act or other legislation.

4.    When requesting private information about himself, an applicant must indicate his personal code in his request. When such a request is sent by post or by express courier service, it must be accompanied by a notarised copy of a document confirming the identity of the applicant. If an applicant’s representative makes the request for such information, he shall submit an identity document and a document authorising him to represent the applicant.

5.    If the body finds that a request contains insufficient information or that the information supplied is incorrect, it shall, within five days following receipt of the request, contact the applicant to ask him to correct the request.

6.    All requests submitted to a body in written (including electronic) form must be signed by the applicant or his representative.

Article 13. Forwarding of requests

1.    If the information requested is held by another body, the request shall be forwarded to the other competent body within five working days following its receipt, and the applicant shall be notified accordingly within three working days following the forwarding of the request. A body which has received a forwarded request shall supply the information to the applicant within the time limits specified in Article 14 of this Act.    If the applicant applied verbally, the body shall inform the applicant immediately and shall indicate the body to which the applicant must apply for the required information and the contact information for that body.

2.    If part of the requested information is held by the body to which the applicant applied, and if it can be provided separately from the requested information as a whole, the

body shall provide the information as specified in this Act. as to the other part of the information, it shall forward the applicant‘s request to the body which holds it, in accordance with the procedure laid down in paragraph 1 of this article.

Article 14.    Time limits for the provision of information

The information shall be provided to the applicant within 20 working days following receipt of the request at the body concerned. If substantial or complex information is requested, the head of the body concerned shall be entitled to extend this time limit by a further 20 working days and shall inform the applicant accordingly in writing by the next working day, giving the reason for the extension. If the applicant was asked to correct or complete his request, the time limit for the provision of information shall be counted from the date on which the corrected or completed request is received at the body concerned.

Article 15.    Requirements concerning the provision of information

1.    If the applicant requests information of which part is included amongst the information specified in Article 1(3)(1)-(8) of this Act, only the part which is not specified therein shall be provided.

2.    If the body concerned no longer collects and processes certain information because its functions have changed, it shall not be obliged to provide such information to the applicant.

3.    Bodies shall provide, throughout the statutory document storage period, information held and received until ceasing to collect and process such information, provided the information has not been transferred to other bodies, and shall forward the request as specified in Article 13 of this Act if the information has been transferred to other bodies.

Article 16. Refusal to provide information

1.    The head of the body concerned or his authorised representative may issue a written instruction or resolution refusing a request which does not meet the requirements set out in this Act .

2.    A body may refuse to provide information if:

(1)    it would be necessary, in order to meet the applicant’s request, to create a document or information file and such action would entail disproportionate expenditure in terms of labour and time;

(2)    the content of the request is unspecific;

(3)    the applicant concerned is requesting the same information again;

(4)    the information requested has already been published; in such cases, the body shall, within five working days following receipt of the request, indicate to the applicant where it has been published;

(5)    the body has ceased to collect and process certain information owing to a change in its functions.

3.    If the body refuses to provide information, the applicant shall be notified accordingly, indicating the reasons for refusal and the procedure for appealing such a decision. If the body refuses to provide information because a third party holds copyright or related rights or database producer (sui generis) rights to that information, the person who holds such rights shall be indicated, if known.

Article 17.    Form and methods of providing information

1.    Having due regard to his request, information may be provided to an applicant verbally, by allowing him to peruse a document or by providing a certificate, an extract from a document, a paper copy of a document, an electronic file, an audio, video or audiovisual recording, or granting access to an information file. If a request does not specify the form in which information is to be provided, the body shall provide it in the same form as that in which the request was received.

2.    Documents which a body provides electronically shall be treated in the same way as written documents, provided the protection of the text is guaranteed and the signature can be identified.

3.    If private information is sent by post to an applicant, it shall be sent only by registered postal consignment.

4.    Information shall be provided in Lithuanian. In exceptional cases, provided that the applicant agrees, information may be provided in a language other than the State language.

Article 18. Preparation of information

1.    The provision of documents, information files or parts thereof over the internet or by means of other electronic media must be such as to facilitate the receipt and use of information by the applicant and shall not require the applicant to acquire special (licensed) software.

2.    The bodies concerned, acting in accordance with the legislation of the Republic of Lithuania and of the European Union, shall adapt the IT environment used for information provision to the special needs of disabled persons.

3.    The bodies shall provide information in the form and by the methods used in the body concerned.

4.    Bodies shall not be obliged to create documents or information files in accordance with applicants’ wishes if this would entail disproportionately  high expenditure in terms of labour and time.

SECTION FIVE APPEAL PROCEDURE

Article 19. Applicant’s right of appeal against the actions of a body

An applicant shall have the right to appeal against the actions of a body in accordance with the procedure laid down by law,”

Article 2. Entry into force

1.    Article 11 of this Act shall enter into force on 1 July 2006.

2.    Agreements referred to in Article 9(1) of this Act which are in force when this Act enters into force and from which no derogations are possible pursuant to Article 9(3) of this Act shall not be extended and, in any event, must be terminated by 31 December 2008 at the latest.

Article 3. Proposal to the Government

The Government or the body it has authorised shall within six months following the entry into force of this Act draw up and adopt legal acts necessary for the implementation of this Act.

I hereby promulgate this Act, which has been adopted by the Parliament of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC    VALDAS ADAMKUS