Emergency Response Coordination and Urgent Assistance Centre Implements Public Defender’s Recommendation
The Emergency Response Coordination and Urgent Assistance Centre of Georgia implemented the recommendation of the Public Defender and gave the employees access to the tests passed during qualification exams.
From May 1, 2022, all members of the ambulance crews employed at the Center have been obliged to pass a mandatory exam once every 2 years. The Center gave the examinees the opportunity to familiarize themselves with the completed test only in case of appeal, for the consideration by a commission. The reason for this was to prevent the spread of the content of the examination tests, as examination tests were considered trade secrets.
The Public Defender of Georgia considered the refusal to allow employees to see their exam papers as a violation of the right of access to information.
According to the Public Defender, the examinee's interest - to have access to his own work - is superior and outweighs the potential risks of making examination tests public. However, the examination tests cannot be considered trade secrets of the Center, as long as they do not meet the legal requirements for considering the information as trade secrets.
The Public Defender called on the Emergency Response Coordination and Urgent Assistance Centre to make changes to the regulatory rules for passing mandatory exams and to ensure the availability of exam papers for the employees.