Ukraine's Digital Ministry Bill Could Restrict Access to Information
An expert warns that a draft law on access to public information, justified as implementing EU standards, actually narrows the right to information and creates new restrictions.
A draft law proposed by Ukraine's Ministry of Digital Transformation to amend the Law on Access to Public Information has come under criticism. Officially presented as implementing EU Directive 2019/1024 on open data, analysis suggests it may significantly limit citizens' rights to freedom of information.
Key Issues
The bill attempts to create a new intermediate legal regime: information is formally open, but its use and distribution are restricted. This contradicts Ukraine's Constitution, which states that all information is open unless clearly defined as restricted. This approach undermines the existing access-to-information system.
Another issue is the blurring of concepts: the right to access information (a positive right) is confused with freedom of information (the right to receive and distribute information without state interference). Once the state has provided open information, it should not impose additional restrictions on its further use.
Furthermore, the bill uses the term "legislation" instead of "law," which could allow restrictions to be set by ministerial orders and other regulations, bypassing parliament. This contradicts the Constitution, which requires that restrictions on human rights be established only by law.
Risk to Public Oversight
The author emphasizes that these changes could weaken one of the most effective tools for public oversight of authorities. While the need to adapt to EU law is undeniable, it should not be done at the expense of existing rights. After public consultation, the bill requires a conceptual revision, not cosmetic edits.
