Procedures for reviewing complaints (Article 24 of Law No. 119/2014 "On the Right to Information")
- Any person, when he considers that his rights provided by this law have been violated, has the right to complain administratively to the Commissioner for the Right to Information and Protection of Personal Data, in accordance with this law and the Code of Administrative Procedures.
- The administrative appeal to the Office of the Commissioner for the Right to Information and Protection of Personal Data is made within 30 working days from the day when:
a) the complainant has received a notification about the rejection of the information;
b) the deadline stipulated in this law for providing information has passed.
- Upon receiving the complaint, the Commissioner for the Right to Information and Protection of Personal Data passes it on to the structure that deals with the right to information, which verifies the facts and the legal basis of the complaint. For this purpose, he may ask the complainant and the Public Authority, against which the complaint is made, to submit written submissions, as well as be informed by any other person and source. When deemed necessary, the Commissioner conducts a public hearing with the participation of the parties.
- The Commissioner for the Right to Information and Protection of Personal Data takes a decision on the complaint within 15 working days from the day the complaint was submitted.
- The Commissioner for the Right to Information and Protection of Personal Data decides:
a) rejection of the complaint when:
i) the deadline stipulated in point 2 of this article has passed;
ii) the complaint is not submitted in written form;
iii) the name and address of the complainant are not indicated;
b) accepting the complaint and ordering the public authority to provide the requested information, in full or in part;
c) dismissal of the complaint, partially or completely;
ç) the deadline, within which the Public Authority must implement the order.
- If the Commissioner for the Right to Information and Protection of Personal Data does not make a decision before the end of the period provided for in point 4 of this article, the complainant has the right to appeal to the court.
- The administrative procedure provided for in this article does not affect the powers of the Ombudsman, regarding the supervision and implementation of civil rights, according to law no. 8454, dated 04/02/1999, "For the Ombudsman".