THE RIGHT TO ACCESS PUBLIC INFORMATION IN THE CONTEXT OF DIGITAL TECHNOLOGIES

Authors

  • Г.А. Капліна
  • Д. Лєонова

DOI:

https://doi.org/10.33216/2218-5461-2020-39-1-74-80

Abstract

The article continues the study of the right to
receive and access information that is recognized as
public. The emphasis is on the possibility of
exercising competencies in the context and using
digitalization technologies. The priority directions
for the development of digital tools for the
implementation of the investigated law are indicated
- obtaining information from official sites and
submitting an electronic request.
It has been proved that the obligations of
information managers to publish and regularly
update public information in the form of open data
on a single state web portal and on their websites are
clearly defined by law, are socially significant,
especially in the current circumstances associated
with the spread of COVID-19 coronavirus infection .
The analysis of law enforcement and judicial
practice showed that some information managers
ignored and improperly performed their duties. It is
proposed to establish appropriate control methods to
ensure the actual, and not declarative publication of
public information on official websites. It seems
possible to solve the problem of the declarative nature of legislative requirements regarding the
publication of public information on official websites
by establishing effective public control. It is also
advisable to develop and implement unified
requirements for posting public information on
official websites of government bodies.
Filing electronic requests for information by
filling out an online form or sending a request by email
is recognized as a significant achievement of
digitalization in the field of the implementation of
information rights. Along with the existence of the
undeniable advantages of this type of request over
written requests, it has been established that
providing a response to a request by sending it by email
provides the possibility of violating a person’s
right to access information.
The proposals are formulated to improve the legal regulation of the investigated law related to access to public information using digital tools and electronic systems.
Key words: access to public information, stewards of public information, the procedure for the publication of open data sets, an electronic request, the unification of requirements for the location of public information on the site.

Author Biographies

Г.А. Капліна

Кандидат юридичних наук, доцент, доцент кафедри правознавства Східноукраїнського національного університету імені Володимира Даля

Д. Лєонова

Магістр Східноукраїнського національного університету імені Володимира Даля

Published

15.01.2020

Issue

Section

Статті