On December 12, 2014, the Public Defender of Georgia addressed Minister of Economy and Sustainable Development of Georgia Mr. Giorgi Kvirikashvili with a recommendation regarding issuance/ provision of comprehensive public information on NCE Institute of Development of Freedom of Information they requested.

On January 27, 2014, the Institute of Development of Freedom of Information” addressed the Ministry of Economy and Sustainable Development with an application to issue various public information. The ministry refused to issue part of information to the non-governmental organization under the motive that inappropriateness of provision of such information and another part of information was provided in an incomplete format.

Freedom of information represents one of the fundamental rights that is recognized both by national and international legal acts and realization of this right by the state stands as one of the main characteristics defining the level of democracy of the state. The article 24 of the Constitution of Georgia provides for every person to exercise the rights to freely receive and disseminate information. According to the first part of the article 28 of the General Administrative Code of Georgia, Public information is open except as provided by law and as determined by the procedure to be considered as personal data, state or commercial secrets. The Georgian legislation does not recognize ability to refuse provision of public information on the basis of inappropriateness.

Given the above, as a result of comprehensive examination of circumstances and documentation of significance to the case, the Public Defender believes that authorized person/persons of the Ministry of Economy and Sustainable Development of Georgia has violated requirement defined by the Georgian legislation on provision of public information and that itself violates rights of NCE “Institute of Development of Freedom of Information”.