Procedure for Providing Information

 

Official person responsible for ensuring freedom of information
Press Secretary of the Chairman of the RA Investigative Committee
Kima Avdalyan

012 515 418
press@investigative.am

 

Relations related to freedom of information are regulated by the RA Law "On Freedom of Information".

 

Procedure for a Written Inquiry and Providing a Response
 

A written inquiry shall include the applicant’s name, last name, citizenship, place of residence, work or educational institution. 

A written inquiry must be signed (in case of legal entity name, physical address).

The processing of written inquiries is carried out in accordance with the procedure established by legislation for citizen applications and complaints, separately from other forms of processing.

A written inquiry remains unanswered if it does not contain the applicant’s personal data, it is discovered that the information about the identity of the author is false, it is the second request within the last 6 months for the same information submitted by the same person, with the exception of the case envisaged by the law.

The applicant is not required to substantiate the inquiry.

The response to the written inquiry shall be given within the following deadlines․

1) if the information required by the written inquiry is not publicized, the copy of that information shall be provided to the applicant within 5 days after the application is filed․

2) if the information required by the written inquiry is publicized, the information on the means, place and time framework of that publication shall be provided within 5 days after the application is filed․

3) if additional work is needed to provide the information required, than the information is given to the applicant within 30 days after the application is filed, about which a written notice is provided within 5 days after the application submission, highlighting the reasons for delay and the final deadline when the information will be provided. 

If the information holder does not possess the information sought or if the disclosure of that information is beyond its powers, than within 5 days after the written inquiry is filed, it must inform the applicant about that in a written form, and if it possible, also point out the information on the place and body (including archive) that holds that information.

If the information holder does not possess all the data on the inquired information, than it gives the applicant the part of the data, that it possesses and in case of possibility also points out in the written answer the information on the place and body (including archive) that holds that information.

 

Procedure for Oral Inquiry and Providing a Response
 

In case of oral inquiry, the applicant must in advance tell his name and last name. An answer shall be given to oral inquiry when․

1) the disposal of the inquired information can prevent damage to state and public security, public order, public health and morals, other’s rights and freedoms, environment and person’s property.  

2) it is necessary to make sure that the given information holder has the relevant information.

3) it is necessary to clarify the procedure according to which the information holder processes written inquiries.

The answer to the oral inquiry is given immediately after listening to the inquiry or within the shortest possible time frame. If the person making the oral inquiry is not telling his name, last name and/or the oral inquiry does not correspond to the conditions defined in the law, the information holder can decline the oral inquiry.

 

Grounds and Procedure to Decline Information Request

 

Information request is declined when it․

1) contains state, bank or trade secret, or restricted official information․

2) infringes the privacy of a person and his family, including the privacy of correspondence, telephone conversations, post, telegraph and other transmissions․

3) contains data of criminal proceeding not subject to publicity․

4) discloses data that require accessibility limitation, conditioned by professional activity (medical, notary, attorney secrets)․

5) infringes copy right and associated rights.

The information holder may not respond to an oral request if at that moment it impedes the performance of the information holder's main duties, with the exception of the case envisaged by the law.

In case of denial to provide the information requested in a written inquiry, the information holder shall notify the applicant in writing within 5 days, indicating the basis for the denial (relevant legal norm), as well as the procedure for appealing it.

If a part of the information required contains data, the disclosure of which is subject to denial, than information is provided concerning the other part.

 

Sample of an Information Request Form
 

name of the body, organization 

name, last name of the official providing information

name, last name, patronymic of the applicant
(address of residence, work or study)

Dear Sir/Madam ____________________________,

Pursuant to the Articles 42 and 51 of the RA Constitution and the Article 6 of the RA Law "On Freedom of Information", I would like to ask you to provide me information about ___________________________ (formulate the necessary information as clearly as possible).

Pursuant to the Article 9 of the RA Law “On Freedom of Information” Citizens' written inquiry for information shall be answered within 5 days after receiving it, except for information requiring additional work (30-day period). Therefore, I ask you to respond to my inquiry for information in the manner and within the terms defined by the law.

In case of declining the information request, please inform me with a written answer about the ground for the denial and, if possible, point out the address of the state body or official to whom I can direct the inquiry.  

(I am ready to pay costs of copying information).

Thank you in advance

Name, Surname, Signature

Date