On April 10, 2013 IDFI filed an administrative complaint against LEPL “Public Broadcaster” with the request of invalidating the act of the person responsible on refusal to issue the public information and the issuance of requested public information to IDFI.

The request constitutes public information on the amount of salary of the acting general director of public broadcaster  and the relevant legal act determining the mentioned salary.

The mentioned public information was requested on April 1, 2013 in response to which the public broadcaster denied the disclosure on April 5, 2013.

In IDFI’s opinion the denial of public information lacks legal grounds and justification.  

The public broadcaster displayed the erroneous mingling of two non-related administrative mechanisms – the delivery of public information and the declaration and publication of economic interests.

The basic grounds for the denial is the public broadcaster’s opinion that the requested information shall become public after the delivery of the relevant declaration by acting general director to the Civil Service Bureau.

In its complaint, IDFI mentions that the existing legislation of Georgia does not acknowledge such possibility of “becoming” of public information. According to the legislation, “public information” means an official document, including those kept by a public agency, and those received, processed, created, or sent by a public agency or public servant within its official authority. Accordingly, the delivery or non-delivery of the declaration by the public official does not inluence the fact, that if the requested public information is kept at public broadcaster, it must be released under the General Administrative Code of Georgia.

In IDFI’s opinion the public information should have been released even in case the public broadcaster denied the delivery on the grounds of confidentiality of personal data. According to paragraph 1 of the General Administrative Code of Georgia, the personal data of the official is accessible to anyone, while the acting general director of public broadcaster is an “official” for the purposes of freedom of information chapter under paragraph 27(d) of the General Administrative Code of Georgia. In addition, the acting general director of public broadcaster was erroneously defined as “official” only for the purposes of the declaration and publication of economic interests in public broadcaster’s letter of denial.

The requested information by IDFI either does not contain state, commercial or professional secret – thus, IDFI had the right to receive the requested public information, which was denied without reasonable justification by the public broadcaster.
We hope that IDFI’s complaint shall call for the adequate reaction of public broadcaster. By releasing the requested public information to IDFI, the public broadcaster shall enforce its obligation of transparency.