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Projects
Information on public figures and implementation of public information accounting systems

Project: Information on public figures and implementation of public information accounting systems

Objective: Implementation of the practice of the European Court of Human Rights concerning disclosure of information about public figures and their families, relating to the issues of public concern, and developing recommendations and proposals to address and eliminate the existing shortcomings in the functioning of public information accounting systems.

Project duration: August 1, 2012 - July 31, 2013.

Issues, address within the project:

- Openness of information about public figures, which is of public interest, in terms of interpretation of the right to respect and confidentiality for private and family life by the Constitutional Court of Ukraine.

On January 20, 2012 the Constitutional Court of Ukraine ruled a decision in the case on interpretation of a right of non-interference into private and family life (hereinafter - the Constitutional Court decision). The Constitutional Court found that information about personal and family life of an individual is confidential and may be extended only with the consent of the individual. By limiting the spread of information about all citizens, including public figures, and including the information which is of public interest, the Constitutional Court does not refer in its resolution part to the provisions of the European Convention on Human Rights and the decisions of the European Court of Human Rights (ECHR), which provide that public has a right on access to information about private life of public figures, if the information is of public interest. This means that interference into the right of respect of private life is necessary in democratic society. Ensuring the proper implementation of the ECHR decisions on issues relating to openness of information is essential for development of a democratic society in Ukraine. Thus, there is a clear need for introduction in Ukraine of the practice of openness of the information about public figures and their families, which is of public interest in the context of Article 10 of the Convention on Human Rights and Fundamental Freedoms, taking into account the European Court of Human Rights practice as a source of law in Ukraine in accordance with Article 17 of the Law of Ukraine "On the Implementation and Application of the European Court of Human Rights practice".

- Facilitation of the proper functioning of public information accounting systems in Ukraine.

In 2012, executive agencies, as ordered by the Cabinet of Ministers of Ukraine, should ensure the establishment, operation and maintenance of public information accounting systems and provide access to the accounting system of public information, appropriate recommendations are also given to local governments. Monitoring of the quality of public information accounting systems, developing recommendations and proposals to address and resolve existing problems in this area will improve public access to public information.

Activities:
1) promoting implementation of the practice of the ECHR regarding disclosure of information about public figures and their families on issues of public interest, including approbation of administrative and judicial mechanisms to protect the right of access to information;

2) monitoring the implementation of public information accounting systems by executive authorities and access to the public information accounting systems under the Law of Ukraine "On Access to Public Information";

3) developing recommendations and proposals to address and resolve the existing problems in access to public information in the areas outlined above;

4) consulting individuals and NGOs about their rights on access to public information;

5) preparation and publication of analytical report describing the results of the project.

This project is funded by the International Fund "Renaissance".