The Center for Investigative Journalism (CIJM) regrets that the policy of the National Center for the Personal Data Protection comes to restrict, but not to facilitate, access to information of public interest. The National Center for Personal Data Protection (CNPDCP) has published on its website, on 23.10.2022, "Guidelines regarding access to information through the lens of the legislation on personal data protection", a document that will make access to information of public interest even more impossible. The CIJM's team of journalists and lawyers expresses its deep concern and regret regarding this authority’s intention to unjustifiably limit the journalists’ right of access to information.

So far, the refusal of some public institutions to provide access to information of public interest on the grounds that several formal requirements have not been met: submitting the request in writing, indicating the reasons for which the information is requested, one has not been indicated how  the requested information would be used, the requested information would be personal data that cannot be disclosed, etc. were considered as violations by certain public officials, now, these were institutionalized and unjustifiably imposed, the presentation of the following information when realizing the right of access to information, regardless of the form (written/oral):

- the specific purpose for which the disclosure of this data is requested;

- the volume, categories and concrete structure of the personal data to which access is requested;

- the normative framework that establishes the access request;

- the presence of the grounds provided by art. 5 par. (1), or of par. (5) of the same article of the Law on the personal data protection, which possibly justifies the provision of information with limited accessibility, in the absence of the consent of the subject of personal data;

- the manner and purpose of the subsequent use of these personal data;

- guarantees of ensuring the security and confidentiality regime of the requested personal data, their non-use for contrary purposes and non-transmission to unauthorized third parties.

We consider it unacceptable and defiant that all the guarantees provided by the Law no. 982/2000 regarding access to information and the Law no. 64/2010 on freedom of expression to be concluded in requests that, instead of rationalizing abusive actions to limit access to information, ensure protection in unjustified refusals in cases of public interest.

We disapprove of both the content and the manner in which the CNPDCP’s position was adopted, for the following reasons:

The position was NOT consulted with journalists, media institutions, nor with civil society, in violation of the requirements of transparency in the decision-making process;

The exercise of rights and freedoms cannot be subject to other restrictions than those provided by law, under the requirements provided by art. 54 par. (2) of the Supreme Law.

The published restrictions violate the international requirements assumed by the Republic of Moldova with the ratification of the Convention of the Council of Europe on Access to Official Documents;

We do not understand:

- WHY do we have to indicate one of the grounds indicated in art. 5 par. (1) or 5 par. (5) from Law no. 133/2011, when journalistic goals are pursued, as long as art. 10 of Law no. 133/2011, expressly provides that art. 5 Does NOT apply when data processing is necessary for journalistic purposes?

- Why do we have to indicate the concrete purpose of disclosure and the manner and purpose of use, or CENSORSHIP in the media is PROHIBITED (art. 34 par. (5) of the Constitution of the Republic of Moldova)!

- how can we indicate guarantees regarding ensuring the security and confidentiality of data and non-transmission to unauthorized third parties, as long as the collection of this data is necessary for the publication and information of the society, or the society represents unauthorized third parties?;

- how can we meet the above requirements, in the case of the interview (realizing the right of access to oral information), or the given requirements aim at limiting this form of access and realizing the right of access to information exclusively in written form?

We request the relevant institutions: the Committee for Culture, Education, Research, Youth, Sports and Media of the Parliament of the Republic of Moldova, the People's Advocate and the National Center for Personal Data Protection to unconditionally remedy and restore the injured rights and create adequate conditions for access to the information of public interest.

The team of the Center for Investigative Journalism

October 25, 2022