Inspection supervision

The inspection supervision of implementation of the Right of Access to Information Act is performed by inspectors and other authorized officials of the Information Commissioner’s Office. It can be initiated by the remostrance, at the proposal of a third party or ex officio. Inspection supervision may be carried out as direct or indirect inspection. The direct inspection is carried out in the body of public authority, by direct insight to the data and documentation, and to conditions and manner of the work of supervised public authority. Indirect inspection is carried out by reviewing the data and documentation submitted to Information Commissioner by the public authority.

In carrying out inspection supervision, inspectors supervise whether the public authorities publish information on their websites (proactive publication), conduct public consultation procedures, and ensure the publicity of their work in accordance with the law. Also, inspectors determine whether a information officer is appointed in the body of public authority, whether he or she acts in compliance with the law and whether the public authority maintains a special official record of
requests, procedures and decisions related to right of access to information and re-use of information.

In addition, in the implementation of inspection supervision, inspectors monitor the proper application of the provisions of the Act regarding requests for access to information and requests for reuse of information, as well as the actions public authorities are taking upon requests for access to information and requests for reuse. Finally, the inspectors supervise whether the public authority discloses information on the collection of costs for access to and use of information and
conditions for reuse of information, and whether it submits an annual report on the implementation of the Right of Access to Information Act to the Information Commissioner.

After the inspection has been carried out, the inspector shall draw up a record of the established legal violations irregularities and deficiencies. The inspector may taking of appropriate measures to remedy the identified violations, irregularities and deficiencies in the work of the supervised body of public authority, to prohibit the performance of actions taken contrary to the law or other regulations, taking measures to eliminate irregularities or shortcomings in the work or with the aim of improving the work of the supervised body of public authority. As a rule, the inspector usually performs controlling of the execution of the imposed measures imposed indirectly, by obtaining reports and evidence on the implementation of the measures, but the control may also be done through direct inspection.