After understanding the general rules on written requests and response deadlines, a few very practical questions remain: Can I request information verbally? Can I receive it on the spot? Is there a specific schedule for such requests? Who pays for copies? Do all requests qualify as “information of public interest”?
The answers are found in the provisions of Law no. 544/2001 on free access to information of public interest.
- Oral requests: when you receive the information on the spot and when you must submit a written request
For information requested verbally, the staff of the public information and public relations departments are required to:
- explain the conditions and forms in which access to information of public interest is granted; and
- provide the requested information on the spot, where possible.
If the requested information is not available immediately, the person will be guided to submit a written request, which will then be handled within the legal deadlines.
- Schedule for oral requests: minimum hours, posted, during the institution’s working hours
Information of public interest requested verbally is provided within a minimum schedule established by the institution’s management, which:
- must be posted at the institution’s premises;
- must take place during the institution’s operating hours; and
- must include at least one day per week outside the regular working schedule.
A clear detail provided by law: registry activities related to petitions are not included in this schedule and are carried out separately.
- Requests from the mass media: immediate response or within 24 hours
For oral requests made by mass media outlets, information of public interest is generally provided immediately or within a maximum of 24 hours.
- Copies of documents: copying costs are borne by the requester
If the request involves making copies of documents held by the authority, the cost of copying services is borne by the requester, under the conditions provided by law.
This is useful to keep in mind: the right of access exists, but producing physical copies of documents may involve costs that are not covered by the institution.
- New requests after receiving a response: treated as a new petition
If, based on the information received, you request additional/new information regarding documents held by the institution, the request will be treated as a new petition and the response will be sent within the legal deadlines.
In practice, if you return with a supplementary request (different documents, different time periods, other aspects), the institution treats it as a separate request with its own response deadline.
- What does NOT fall under the rules on access to information of public interest
The law makes an important distinction: the activities of institutions related to responding to petitions and conducting hearings, carried out within their legal competence, are not subject to the deadlines and regime applicable to information requests if they concern:
- approvals,
- authorizations,
- the provision of services, and
- any other requests outside the scope of information of public interest.
In short, requesting information/documents is one thing; requesting an approval/authorization or an administrative solution is another—those may follow different procedures.
- Access for studies and research: documentary holdings
Persons carrying out studies and research for personal purposes or for professional reasons have access to the institution’s documentary holdings, based on a personal request, under the conditions provided by law. Copies of documents are produced under the rules on copying costs, i.e., at the requester’s expense.
Conclusion
The legislation clarifies the “practical” side of access to information: oral requests may be solved on the spot; institutions must ensure a posted minimum schedule (including one day per week outside normal hours); mass media can receive responses very quickly; the cost of copying documents may be borne by the requester; and later supplementary requests may be treated as new requests. At the same time, the law distinguishes information requests from approval/authorization-type requests, and provides access to documentary holdings for studies and research, with clear rules regarding copies.
If you have a specific situation (for example, the information is not provided, you are sent from one office to another, or you need to draft the request as clearly as possible), it is advisable to speak with a lawyer specialized in administrative law/administrative litigation for a correct and efficient approach.
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