Existence and level of implementation of the legislative and regulatory framework on access to information

***Non-statistical indicator***

The Ministry of Justice has developed a new draft law on access to information. The new law is to transpose the international standards in the field, namely, the Tromsø Convention, the EU Directive on the reuse of public sector information, the public administration principles of SIGMA, the World Bank standards on the proactive disclosure of public information, etc.

The draft law on access to information, developed by the Ministry of Justice, was placed for public consultation on the particip.gov.md platform between 09.01.2023-03.02.2023, being adjusted according to the proposals received. The draft law, which comes to improve the legal framework in the Republic of Moldova regarding access to information, was voted in the first reading during the Parliament session of 11.05.2023.

A relevant indicator of this indicator is the INDEX OF ACCESS TO INFORMATION: measuring the transparency of public institutions in the Republic of Moldova, a study carried out by Freedom House. In this study, the quality of legislation and the performance of public institutions in ensuring access to information were measured systematically based on a series of criteria and indicators. Through this approach and extensive analysis, the aim was to make an objective and detailed assessment of the situation in the field. The results of the analysis will be reflected in the Index of Access to Information in the Republic of Moldova, which represents an indicator consisting of 3 elements: INDEX OF ACCESS TO INFORMATION LEGISLATIVE FRAMEWORK 1. Correspondence of the legislative framework with international standards, 2. The level of proactive transparency, 3. The efficiency of access to information upon request, WHICH TOGETHER CONSTITUTES 100% OF THE SOURCE (https://freedomhouse.org/sites/default/files/2022-11/fh-Moldova_Access-to-Info-Report-2022_Rom-v2.pdf). In 2021, the first report was published that analyzed the degree of transparency of public institutions in the Republic of Moldova.

In 2021 the score was 46 out of 100, in 2022 - 47 out of 100.

This table provides metadata for the actual indicator available from Moldova statistics closest to the corresponding global SDG indicator. Please note that even when the global SDG indicator is fully available from Moldovan statistics, this table should be consulted for information on national methodology and other Moldovan-specific metadata information.

Indicator

Indicator 16.10.2.1: Existence and level of implementation regulatory framework on access to information
Definition and concepts

Freedom of information - an important element of freedom of expression, which includes the right to receive, as well as to distribute information, opinions, ideas, being a general desideratum at the international level. Public authorities, according to the held mandates, are obliged to ensure the correct information of citizens about the public matters and problems of personal interest. The adequate regime of freedom of information is a vital aspect of the activity of an open government and society democratization. Only when there is a free exchange of information, accountability may be ensured, corruption may be avoided at the power levels, and the right of the citizens to know may be met.
Unit of measure

Number
Data sources

1) administrative data

2) UNESCO's World Trends in Freedom of Expression & Media Development reports, etc.;

3) Experts' analyses: World Justice Open Government Index

4) [Report on observing human rights and freedoms in the Republic of Moldova in 2018](http://ombudsman.md/wp-content/uploads/2019/03/RAPRT18RORED.pdf) - People's Advocate.

Data providers

1.Audiovisual Coordination Council

2.People’s Advocate Office of the Republic of Moldova

Institutional mandate

1.National Council for Human Rights
Method of computation

The indicator is calculated based on quantitative and qualitative data, which are generated based on analysis of existing studies (such as: UNESCO reports regarding the world trends in freedom of expression and media development, etc.), administrative data, experts' analyses (for instance: World Justice Index of Open Government), etc. The following key variables will be evaluated:

1. If the country has constitutional, statutory and/or political guarantees for public access to information?

2. If these constitutional, statutory and/or political guarantees reflect the well-known international agreements (for instance, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, etc.)?

3. What are the implementation mechanisms which secure that these guarantees operate in an optimal way?

Data last updated May 18, 2023
Metadata last updated Jun 16, 2023

This table provides information on metadata for SDG indicators as defined by the UN Statistical Commission. Complete global metadata is provided by the UN Statistics Division.

Indicator

Indicator 16.10.2.1: Existence and level of implementation of the regulatory framework on access to information
Target

Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements
International organisations(s) responsible for global monitoring

UNESCO-UIS
UN designated tier

2
Organisation

1. Audio-visual Coordination Council

2.Parliamentary committee for human rights and inter-ethnic relations

Periodicity

Annual
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