Recent discussions in Ukraine have highlighted significant concerns surrounding a proposed bill from the Ministry of Digital Transformation aimed at amending the Law of Ukraine on Access to Public Information. This legislation is presented as a step towards aligning with European standards, specifically Directive (EU) 2019/1024 on open data.
However, critics argue that the bill introduces restrictions that could undermine existing rights to information. The proposed changes are seen as contradictory to the principles established in the current law, which asserts that all information held by public authorities is open unless explicitly exempted.
The current framework, established by the Law on Access to Public Information, operates on the principle that information should be accessible unless it falls under specific exceptions. Article 6 of this law outlines a definitive list of grounds for limiting access, ensuring that citizens can request information freely.
In contrast, the new bill appears to introduce additional limitations on how information, once deemed public, can be utilized and disseminated. This approach raises questions about the creation of a new legal framework that could restrict the use of open information, a concept not recognized in either Ukrainian law or European standards.
Critics emphasize that the proposed changes blur the lines between the right to access public information and the freedom of information, which is guaranteed by the Ukrainian Constitution. The latter allows individuals to freely collect, store, use, and disseminate information without government interference.
Another contentious aspect of the bill is its language regarding the use of information, which states that rights are exercised according to the law unless otherwise specified. This distinction could potentially enable future restrictions on information rights through subordinate legislation, undermining the constitutional guarantees that stipulate only laws can define and limit such rights.
Concerns are further exacerbated by the bill’s alignment with European integration efforts. While adapting Ukrainian legislation to EU standards is necessary, critics argue that it should not come at the cost of existing rights. The European Union’s legal framework emphasizes the protection of fundamental rights, and the proposed directive does not necessitate any reduction in these protections.
As the public discussion on this bill continues, experts are calling for a comprehensive review. They stress the importance of involving specialists in information rights to ensure that Ukraine does not compromise one of its most effective tools for public oversight in the name of European integration.
The proposed amendments to Ukraine's Law on Access to Public Information have sparked significant debate, with critics warning that they could restrict existing rights to information. The bill, framed as a move towards European integration, may inadvertently undermine established protections.