The National Integrity Authority said the applications submitted to it in electronic form should meet the requirements applying to the electronic document, including the outing of the digital signature in accordance with the legislation. If a request is made on paper, this should contain the signature of the manager of the applicant institution, the head of the Cooperation and Public Relations Service of the National Integrity Authority Victor Moloșag said after IPN Agency sent an application to the Authority, asking its administration to pronounce on the Authority’s activity. The editorial office notes that the application contains the agency’s letterhead and the director’s contact data.
On the other hand, Zinaida Gheața, programs coordinator at the Media Policies and Legislation Department of the Independent Journalism Center, said the authority’s demand to put the signature on the request for information is unfounded and can be interpreted as delay or avoidance of providing an answer.
Victor Moloșag made reference to a communique on the National Integrity Authority’s website, saying it is a request to applicants, including media outlets, to comply with the legal requirements when making requests as the Authority receives applications that cannot be passed on to inspectors because they do not meet the legal requirements and cannot serve as legal reason.
When analyzing the communique, we saw this does not refer specifically to requests for information from the mass media, but rather to petitions (applications, notifications, prerequisites, etc.). Victor Moloșag noted the application should be filed once again – if electronically with the digital signature, if on paper with the signature of the institution’s manage. All the requests made to the Authority should be registered with the secretary and should not be considered anonymous as there were cases when applications came in the name of news agencies, but weren’t actually submitted by these.
The reporter asked for an interview and the Service’s head requested that a new application should be filed in this regard. He ultimately accepted to set a date for the interview and said he will return with a phone call.
Asked by IPN to pronounce, media expert Zinaida Gheață said the public functionaries tend to treat the requests for information as petitions and thus deal with them in accordance with the law on petitioning, which is wrong. Article 12, paragraph c) of the law on access to information says the application should contain the applicant’s identification data, while Article 15 of the same law says the written applications for access to information will be registered in accordance with the legislation on registers and petitioning. Article 10 of the law on petitioning stipulates the petitions should be signed by the author and should contain the name, surname and domicile of this.
“It should be noted that the electronic signature is not required when inserting an application in the register. That’s why the authority’s demand to put the signature on the request for information is unfounded and can be interpreted as delay or avoidance of providing an answer,” stated Zinaida Gheață.
According to the expert, Article 8 the law on of the Public Functionary’s Code of Conduct says the public functionary, in accordance with their duties and with the legislation on access to information, is obliged to ensure the active, correct and duly informing of citizens about matters of public interest, to ensure free access to information and to obey the time limits specified by the law on the provision of information.
The functionaries should also realize that the news agencies serve the public interest and ensure the swift, correct and accurate informing of society. Their duty is to provide the requested information as swiftly as possible. Zinaida Gheață said such cases can be avoided if the public functionaries do not examine the requests for information through the agency of the law on petitioning.
