FEATURES OF IMPLEMENTATION OF THE RIGHT TO ACCESS TO PUBLIC INFORMATION

Abstract

The article is devoted to the specifics of the implementation of the right to access to public information. Realization of the right to access to public information is an important manifestation of the effectiveness of civil society. Access to public information contributes to the development of democracy, increasing the transparency and accountability of the authorities, as well as the active involvement of citizens in the processes of state management. The successful implementation of this right requires the existence of not only an effective legislative mechanism, but also the active participation of citizens and public organizations in monitoring and ensuring access to public information. Peculiarities of the realization of the right to access to public information include such elements as: first, "formal lack of motivation" of the request to receive information. Such "formal lack of motivation" should be understood as the legal concealment of the motives (reasons) that prompt the subject of obtaining public information to make and submit a request; secondly, "personality" when submitting a request for information (according to the law, it can be an individual or collective request). That is, in the case of even "machine" processing of a request for obtaining public information, the requirement is the required level of identification of the requester; thirdly, it is strict compliance with the requirements of the legislation on the protection of personal data. The Law of Ukraine "On the Protection of Personal Data" establishes rules for the collection, storage, use and transfer of personal data, as well as establishes the rights of personal data subjects; fourthly, it is a gradual and comprehensive digitalization, which is embodied in the use of software and information complexes that have the ability to process public information from various databases and information registers. At the same time, it is important to ensure the rule of law and prevent abuse of the right to access to public information.