Facts: The applicant was anon-governmental organization, which worked on ecological issues. The applicant applied to the Construction Office of Local self-Government body and requested documents and plans regarding a nuclear power station to evaluate its influence on the environment. Non-governmental organisation was refused to deliver requested information.

Court’s Reasoning:The ECHRdeclared the application manifestly ill founded. In the admissibility decision, the Court pointed out that the refusal of access to requested information was an interference with the right to receive information guaranteed by Article 10 of the Convention. The Court interpreted that when the requested documents are related to a matter of public interest or an ongoing public debate, the states will be under a strict scrutiny as to whether the reasons invoked to refuse a request for access to such documents were relevant and sufficient.

The Court decided that the refusal of access to information was justified in the interest of national security (risk of terrorist attack), for the protection of the rights of others (industrial secrets) and for he protection of health in accordance to Article 10(2) of the Convention. The Court also emphasaized that the request to have access to essencially technical information about the nuclear power station did not reflect a matter of public interest.

Prepared in the framework of the Open Society Human Rights Internship Grant 2013.