GONG and HND Object the Law on Classification and Confidentiality of Information

26 February 2007

The GONG and the Croatian Journalist Association (HND) express their opposition to the draft-Law on Classification and Confidentiality of Information, which they claim will further close the state administration and other bodies with public competences to citizens overview and scrutiny.

The two organizations claim that, should this Law be adopted, the Law on Free Access to Information will become fully obsolete and nothing but dead letter on paper. This Law, claim the two organizations, it totally opposed to the principle of openness and public overview of the work of public bodies and only the most obstinate of citizens will enter the fight to prove their right to information.

According to GONG and HND, the most important objections to the draft include the fact that the Law provides power of classification of information to too wide a circle of people and institutions. Almost any information can be classified as secret, due to vague definitions and each head of a public body can decide which information will be classified, what level of confidentiality shall apply and may seek security checks for persons that come in contact with such information.

�What can be so secret and confidential in the work of municipal or city bodies and institutions? Will the employees of the National Commission for Control of Public Procurement Procedures or veterinary hospital be submitted to security checks? What if document that covers up a criminal offence or abuse of power is classified?� ask the representatives of the two organizations.

Furthermore, there is no test of public interest or proportionality that would secure the publication of classified information of interest for the public, nor are there provisions for establishment of an institution of information commissioner that would have power to decide to release certain information because of evident public interest.

HND and GONG want to know what might happen if citizens don�t agree that a certain data should be classified. Also, they are worried whether journalists will be able to do their job, since they will be legally prohibited from publishing information that might uncover illegal actions. Another important issue is, who will decide if the law was broken, and who will decide, since there is no public interest test provided, what is the responsibility for publication of information that was of great interest to the public>

GONG and HND conclude that the Law defines confidentiality as a rule, not an exception. Democratic countries, they say, have established balance between confidentiality/security and democratic responsibility, i.e. public insight. Confidentiality is considered an exception and there is independent body to educate citizens and state bodies, mediate disputes and supervise the implementation of the law and its compliance to public interest.

GONG and HND called the public to oppose such Law and demand from the legislators to install changes in the Law prior to its adoption to secure that their objections are met, and to introduce amendments on public interest and proportionality tests in the Law on Free Access to Information.

�If not�, said the two organizations at a press conference held last Saturday, February 24, �the Law will turn into a blow against democracy, civic rights and institute of public scrutiny".