The right of access to public information

The Access to Public Information Act governs the right to obtain public information. Under Article 2(1), public information is any information concerning public life in the Republic of Bulgaria that enables citizens to form their own opinion about the activities of the bodies and persons subject to the Act. Article 3(1) and (2) identifies those required to provide it.

Under Article 3(1), a municipal mayor is required to provide access to public information. Article 28(2) requires the authorities listed in Article 3, or persons expressly designated by them, to decide within the period set by paragraph 1 whether to grant or refuse access and to notify the applicant in writing. Bodies covered by Article 3(1) must provide information that they have created within their remit and that is available. Public information meeting the first criterion falls into two categories: official and administrative. Under Article 10, official information is contained in acts issued by state authorities and local self-government bodies in the exercise of their powers. Under Article 11, administrative information is collected, created and kept in connection with official information or with the activities of the authorities and their administrations. Access to administrative public information is generally unrestricted, except in the cases expressly specified in the Act.

Unless the contrary is proved, disclosure is presumed to be in the public interest where the information: (a) enables citizens to form an opinion and participate in current debates; (b) promotes transparency and accountability in decisions taken by bodies covered by Article 3(1); (c) ensures that bodies covered by Article 3 perform their statutory duties lawfully and appropriately; (d) reveals corruption, abuse of power, mismanagement of state or municipal property or other unlawful or inappropriate acts or omissions by administrative authorities or officials affecting state or public interests or the rights or legitimate interests of others; (e) refutes unreliable information in circulation concerning significant public interests; or (f) concerns the parties, subcontractors, subject matter, price, rights and obligations, conditions, time limits or penalties specified in contracts to which a body or person covered by Article 3 is a party.

This article is not a legal opinion or advice on any particular situation or person. For help with an individual case, consult a lawyer.