Ukraine criticized over draft law on access to information: fears of restricting rights
Experts warn that a draft law on public information access, presented as EU integration, might actually restrict citizens' rights to information.
A draft law proposed by Ukraine's Ministry of Digital Transformation has sparked criticism from legal experts who argue that under the guise of European integration, it could restrict citizens' right to access public information. The bill, which aims to amend the Law on Access to Public Information, is officially presented as implementing EU Directive 2019/1024 on open data and re-use of public sector information. However, analysts say it introduces provisions that narrow existing guarantees.
According to Oksana Nesterenko, a legal expert and co-author of the original 2011 law, the draft fundamentally changes the nature of the right to information. The current law operates on the principle that all information held by public bodies is open unless explicitly exempted. The new bill would create a third category: information that is "open" but with restrictions on its use and dissemination. This, Nesterenko argues, contradicts the Ukrainian Constitution, which guarantees the freedom to collect, store, use and disseminate information once it is legally obtained.
The draft also contains a phrase that rights to use information are realized "in accordance with legislation, unless otherwise provided by law." The term "legislation" includes not only laws but also subordinate acts such as government decrees and ministerial orders. This could allow future restrictions beyond the parliamentary process, violating constitutional protections that limit rights only by law.
Nesterenko emphasizes that the EU directive does not require such restrictions. On the contrary, EU law mandates a high level of protection for fundamental rights. She warns that Ukraine risks lowering its existing standards under the banner of European integration. The bill, currently under public discussion, needs a conceptual overhaul rather than cosmetic edits, she argues.
The author is Oksana Nesterenko, PhD in Law, co-author of the access to information law, and executive director of ACREC. The column is an opinion piece and reflects the author's views.
