Standards and procedures to be followed for making requests for information and complaints. Includes the disclosure of:
Request for information
1. The request for information shall be made in writing and shall be sent by hand, by post or by electronic mail, correctly indicating the identity of the requester and his signature. In any case, the request shall be registered in the Register of Requests and Responses, provided for in Article 8 of this Law. 2. In any case, the request for information shall be registered and assigned a serial number. The serial number, together with the contact details of the coordinator for the right to information, shall be given to the requester who has made the request for information. 3. Requests for information shall be registered in the order of submission and shall be treated without distinction between them.
2. The request for information must contain:
a) the name and surname of the applicant;
b) the postal or electronic address where the information is requested to be sent;
c) description of the information required;
ç) the format in which the information is preferred;
d) any data that the applicant considers may assist in identifying the information requested. 5. If the request for information does not specify the format in which the information is requested, it shall be provided in the most efficient manner and at the lowest cost to the public authority.
Deadline for receiving information:
1. The public authority shall handle the request for information, submitting the requested information as soon as possible, but no later than 10 working days from the date of its submission, unless otherwise provided by special law.
2. When the public authority that receives the request for information sends it to another authority, it shall respond no later than 15 working days from the date of receipt of the request by the first authority.
3. The deadline provided for in points 1 and 2 of this article may be extended by no more than 5 working days for one of the following reasons: a) the need to search for and review numerous and voluminous documents; b) the need to extend the searches to offices and premises that are physically separate from the central office of the authority; c) the need to consult with other public authorities before taking a decision on whether or not to comply with the request. The decision to extend the deadline shall be immediately notified to the applicant.
4. In any case, failure to process the request for information within the aforementioned deadlines will be considered a refusal.
5. The provisions of this article also apply to access to archival information of any type.
Handling requests for information
Deadlines for processing the request by the municipality administration
1. In cases where the public authority to which the request for information is addressed is unclear regarding the content and nature of the request, it shall contact the applicant immediately, but in any case no later than 48 hours from the date of submission of the request, to provide the necessary clarifications. In any case, the public authority shall assist the applicant in clarifying the request.
2. If, after examining the request, the public authority finds that it does not possess the requested information, it shall, no later than 10 calendar days from the date of submission of the request, forward it to the competent authority, informing the applicant. The only reason justifying forwarding the request to another authority is the lack of the requested information.
3. The public authority to which the request for information has been addressed shall notify the applicant that his request has been sent to another authority, and shall inform him of the contact details of the authority to which the request has been sent.
Ways of providing information
1. All requests for information are handled, as a rule, through free consultation of information in the premises of the public authority, through the unique government portal e-albania.al or, where appropriate, through the official website of the public authority on the internet.
2. Requests relating to written documents shall be handled by making available to the requester: a) a full copy, in the same format as that used by the public authority, except in special cases; b) a full copy of the information via electronic mail, when the information is available in such a form or can be converted.
3. Regarding requests related to other forms, the information shall be provided in the most effective manner and at the lowest cost to the public authority.
4. In any case, the decision to reject the requested form shall be given in writing and justified.
Information provided previously
1. The public authority shall make it possible for information, which has been provided at least once to a requester, to be made available in the most practical manner possible to all other persons who may request it in the future.
2. Requests for information recorded in the Register of Requests and Responses shall be fulfilled no later than 3 working days from the moment of submission of the request.
Fee for providing information
Fiscal package, VKB NO.468 dated 23.12.2017
Public administration services are free of charge. The provision of information may be subject to a fee, previously determined and made public by the public authority on its website and in public reception areas. The fee is the cost of reproducing the requested information and, where appropriate, sending it. Information requested electronically is provided free of charge.
The cost of reproduction cannot be higher than the actual cost of the material on which the information is reproduced. The cost of delivery cannot be higher than the average cost of the same service on the market.
Subjects that benefit from free information
Citizens regularly registered in social assistance schemes, as well as beneficiary entities, according to Law No. 10 039, dated 22.12.2008, “On Legal Aid”, as amended, benefit from free information up to a certain number of pages for each request or at the equivalent value when the information is provided in another format.
The Minister of Justice and the Minister of Finance shall, by joint instruction, determine the number of pages for which information is available free of charge, pursuant to point 4 of this article, as well as the cases of exemption from payment of the fee.
Right to Information
The right to information is a fundamental right. Article 23 of the Constitution of Albania states:
1. The right to information is a guaranteed right.
2. Everyone has the right, in accordance with the law, to receive information about the activities of state bodies and persons exercising state functions.
3. Everyone is given the opportunity to attend meetings of elected collective bodies.
The right to information is also specifically regulated by Law 119/2014 "On the right to information on official documents", which states:
1. Every person has the right to access public information.
2. The public authority is obliged to inform the requester whether or not it has the requested information in its possession.
3. Every person has the right to be acquainted with public information, through the original document or by receiving a copy of it in a form or format that allows full access to the content of the document.
4. Public information that has been provided to a person may not be refused to any other person who requests it, except in the case when the information contains personal data of the subject, in accordance with Article 17 of this law.
“The limitations of this right are regulated by Law No. 9887, dated 10.03.2008, “On the Protection of Personal Data”, as amended, and by Law No. 8457, dated 11.02.1999, “On Classified State Secret Information”.
Coordinator for the right to information: Olta Dedej
Adress: Neighborhood No. 1, “LIRIA” Square, DURRES
E-mail: olta.dedej@durres.gov.al
Official hours: 8:00 – 16:00
Competences of the coordinator for the right to information
For the implementation of this law, in order to coordinate the work to guarantee the right to information, the public authority shall appoint one of its employees as a coordinator for the right to information.
The Coordinator for the Right to Information exercises the following powers:
a) provides every applicant with the right to access public information, under this law, by consulting the original document or by obtaining a copy thereof;
b) creates, maintains, publishes and updates the register of requests and responses within the deadline provided for in point 1 of Article 8 of this law;
c) coordinates the work to fulfill requests for information within the deadlines and in the manner provided for in this law;
ç) records requests for information and assigns a serial number to each of them;
d) sends the request for information to another public authority, within the deadlines provided for in this law, when it turns out that the public authority where the request was submitted does not possess the requested information;
dh) verifies cases for the free provision of information to citizens, as provided for in point 5, Article 13, of this law;
e) carries out preliminary notifications, according to Articles 14 and 15 of this law, and communicates with the requester, as necessary for the handling of the request for public information.
Restriction of the right to information:
1. The right to information may be restricted if it is necessary, proportionate and if the provision of information harms the following interests:
a) the right to a private life;
b) trade secret;
c) copyright;
d) patents.
The restriction of the right to information, due to the interests provided for in letters “a”, “b”, “c” and “ç”, of this point, shall not apply when the holder of these rights has given his/her consent to the provision of the relevant information or when at the time of provision of the information he/she is considered a public authority based on the provisions of this law. Notwithstanding what is provided for in this point, the requested information shall not be refused if there is an overriding public interest in its provision.
2. The right to information is restricted if it is necessary, proportionate and if the provision of information causes a clear and serious harm to the following interests:
a) national security, as defined by the legislation on classified information;
b) prevention, investigation and prosecution of criminal offences;
c) the progress of the administrative investigation within the framework of a disciplinary proceeding;
ç) the progress of inspection and audit procedures of public authorities;
d) the formulation of the state's monetary and fiscal policies;
dh) equality of parties in a judicial process and the proper conduct of the judicial process;
e) prior consultation and discussion within or between public authorities for the development of public policies;
ë) the conduct of international or intergovernmental relations. Notwithstanding the provisions of the first paragraph of point 2 of this article, the requested information shall not be refused if there is an overriding public interest in providing it. The restriction on the right to information, due to the interest provided for in point 2, letters “c” and “ç”, of this article, shall not apply when the administrative investigation, within the framework of a disciplinary proceeding, and the inspection and audit procedures of public authorities have been completed. The restriction on the right to information, due to the interest provided for in point 2, letters “d” and “dh”, of this article, shall not apply when the relevant data are facts, analysis of facts, technical data or statistical data. The restriction on the right to information, due to the interest provided for in point 2, letter “e”, of this article, shall not apply after the policies have been made public.
3. The right to information is limited, if necessary, proportionate and if the dissemination of information would violate professional secrecy guaranteed by law.
4. The right to information is also limited when, despite the assistance provided by the public authority, the request remains unclear and it becomes impossible to identify the requested information.
5. The right to information is not automatically denied when the requested information is contained in documents classified as “state secret”. In this case, the public authority to which the request for information has been sent shall immediately initiate the classification review procedure with the public authority that ordered the classification, in accordance with Law No. 8457, dated 11.2.1999, “On information classified as “state secret”, as amended. The public authority shall immediately notify the applicant of the initiation of the classification review procedure, in accordance with the law, and shall decide to extend the deadline for providing the information within 30 working days. In any case, the decision to treat or not the request for information shall be taken and justified on the basis of the criteria of this Article.
6. If the restriction affects only part of the requested information, the remaining part shall not be refused to the applicant. The public authority shall clearly indicate the parts of the relevant documentation that have been refused, as well as the basis for which point of this Article this refusal was made.
7. The provisions of this article also apply to access to archival information of any type, regardless of the provisions of the law on archives.
The public authority shall create, maintain and make public a special register, which shall reflect all requests for information and the information provided in response to them. This register shall be updated every 3 months and shall be published on the public authority's website, as well as in the public reception areas of the public authority's offices. The identity of the information requesters shall not be reflected in the register.
The Commissioner for the Right to Information and Personal Data Protection sets standards for the format and content of the register.
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