Freedom of information is the cornerstone of democratic and transparent governance. In Georgia, any person has a constitutional right to obtain public information from state institutions, unless such information contains state, commercial, or personal secrets. Despite strict legislation, in practice, state agencies often delay responses, provide incomplete information, or illegally refuse requests. Requesting public information is particularly important for journalists, researchers, NGOs, and businesses needing data on tenders, budget spending, or environmental conditions.
Legal.ge offers assistance from administrative law specialists who ensure the realization of your right to access information. Services include:
- Drafting Requests: Preparing a legally sound request where the desired information is formulated precisely so the agency cannot use vagueness as a ground for refusal.
- Administrative Complaint: Preparing and filing a complaint with a superior body in case of deadline violation or refusal by the agency.
- Court Litigation: Defending interests in court to demand the mandatory release of information.
- Consultation on Secrecy Classification: Evaluating whether the status of commercial or state secret has been lawfully applied to the information.
Public information requests are often needed in specific life situations. For example, a construction company wants to know why it lost a state tender and requests the winning company's documentation. A journalist is investigating corruption and requests a list of travel expenses for a high-ranking official. A citizen living near a factory requests air pollution data from the National Environmental Agency. In all these cases, the involvement of a qualified lawyer increases the chance of obtaining timely and complete information.
In Georgia, freedom of information is regulated by the "Constitution of Georgia" and the "General Administrative Code of Georgia" (Chapter III). The Code establishes that public information must be released immediately, or no later than 10 days. The law also defines the obligation of "proactive disclosure," meaning agencies must publish certain information on their websites without a request. It is important to know that a refusal to release information must be substantiated by a specific article of law, and unsubstantiated refusal is considered an administrative offense.
The process begins with sending a written or electronic application to the public institution. If no answer is received within 10 days, the lawyer prepares an administrative complaint to the same or a superior agency. Practice shows that problems are often resolved at the administrative complaint stage, as agencies prefer to avoid litigation. However, if necessary, the lawyer will proceed to court, where it is also possible to claim compensation for moral damages due to the delay.
On Legal.ge, you will find lawyers who know how to force the bureaucratic machine to work transparently. Information is power, and our specialists will help you obtain this power through legal means.
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