A man in an Italian city was fined for violating traffic rules—he failed to notice newly installed road signs and parked in a spot that had recently become a paid parking area. Frustrated by the fine, he started investigating the reasons behind the change. On the city council’s website, he found a brief mention of the modification but could not locate the actual decision or its justification. He submitted a request for access to this information but did not receive a response within 30 days.

At the same time, a landowner in Boryspil wanted to understand the reason for the change in the land tax rate and the amount he had paid for his plot from 2019 to 2021. However, he did not receive a comprehensive response— the city council provided only part of the requested documents.

These are real cases of people whose right to access information was violated. Both in Europe and Ukraine, citizens sometimes have to fight for access to public information. In this article, we will explain how appeal mechanisms work in Ukraine and other European countries.

Where can someone file a complaint if their request for information is denied or ignored?

Ukrainian law guarantees everyone the right to access public information. Public information includes any data collected or created by government agencies, as well as state and municipal enterprises. According to the Law On Access to Public Information, the procedure for obtaining data should be straightforward. You can submit a request to an authority if you need information about its work or decisions. You also have the right to appeal an unjustified refusal or a delayed response.

It is important to note that a response to an information request must be provided no later than five business days after the date of receipt. Complaints must be reviewed and resolved within one month from the date of receipt.

The appeal process in Ukraine and many European countries follows a similar logic. A citizen seeking to challenge a violation of their right to access public information will take the same steps in Ukraine, Poland, the Czech Republic, Germany, the Baltic states, and other countries.

STEP 1. If the initial request is denied or goes unanswered, a citizen can file a complaint with a supervisor or the highest authority overseeing that supervisor. Imagine that your request for the minutes of the meeting where the decision was made to deny you compensation for housing damaged in a Russian attack was ignored. In that case, you can file a complaint through your city's council website or send an official letter to the mayor.

 In Ukraine, this step is optional, unlike in many European countries where it is required. This flexibility is an advantage, as it allows you to directly appeal to the Ombudsman or the court, speeding up the process. For example, a resident of Warsaw must first submit an official complaint to the City Council (or separately to the mayor) if they receive an unjustified refusal to provide information.

STEP 2. A complaint regarding a violation of the right to access public information can be submitted to the Ukrainian Parliament Commissioner for Human Rights (Ombudsman). The Commissioner is required to review complaints about such violations, contact the relevant authority, and prepare the necessary administrative reports. Also, in some cases, the Ombudsman in Ukraine may file a court appeal on behalf of the complainant— a practice not commonly found in some EU countries.

For example, the Ukrainian Commissioner highlighted the case of a resident of the Volyn region who did not receive a response to her complaint regarding the village council’s failure to publish important information, including council decisions and the approved budget. The Ombudsman contacted the village council, providing explanations of relevant legal provisions and demanding a reconsideration of the citizen's complaint. When no response was received to the official letters, the Commissioner's representatives prepared an administrative report. Following a district court hearing, the village head was fined.

In Europe, complaints about a municipality’s failure to provide information can be submitted to national ombudsmen, but only if they have the authority to handle city-level issues.

The Dutch Commissioner for Human Rights shared on the official website the story of a woman who was denied access to information about local order protection from her city council. The Ombudsman ruled that she had the right to receive this data and advised the local government to communicate more proactively with citizens regarding their requests. Although the Commissioner's recommendations in the Netherlands are not legally binding, they are often followed due to the thoroughness of the Ombudsman’s investigations.

STEP 3. Finally, you can file a claim with the administrative court. These matters are governed by the Code of Administrative Procedure and laws on administrative proceedings. In Ukraine, the Code of Administrative Procedure classifies challenges against the inaction of an information administrator as cases of minor complexity, which are considered under simplified claim proceedings. In Lithuania, Latvia, and Estonia, the law does not classify such cases into a specific category but allows for the possibility of a simplified review procedure.

Additionally, in both Ukraine and the Baltic states, if an administrative court determines that the plaintiff's right to access public information was violated, the court fees will be imposed on the defendant, i.e., the information manager. For example, the Pustomyty City Council was ordered to pay a court fee after the court ruled that it had violated a resident's right to access public information by failing to provide the requested details about city improvements.

European experience: additional appeal practices

Although appeal procedures in many EU countries are similar to those in Ukraine, some states have established additional bodies that can clarify the reasons for a refusal to provide information or exert additional pressure on authorities that fail to disclose public information in response to a request. In particular, such a Commission operates in Italy (Commission per l'accesso ai documenti amministrativi) and France (Commission d'accès aux documents administratifs). The work of these Commissions is somewhat similar to that of Ombudsmen—they review submissions, communicate with authorities, provide recommendations on next steps, and sometimes assist with lawsuits. These Commissions also publish annual reports on the appeals they handle, and they receive a significant number of them. For example, in 2023, the French Commission for Access to Administrative Documents issued 7,890 decisions and consultations.

Instead of special Commissions, some European countries have introduced the position of Information Commissioner. This role comes with broader powers than Commissions, as commissioners are often also responsible for overseeing personal data protection. In Slovenia, the Information Commissioner not only reviews and processes citizens' complaints but also conducts inspections of authorities to monitor compliance with laws on access to public information and personal data protection. In 2023, the Commissioner initiated 187 inspection proceedings in the public sector, particularly in local self-government bodies, based on received complaints, and 11 proceedings on their own initiative.

Back in 2019, TI Ukraine emphasized the need to establish a separate Information Commissioner institution. This need remains relevant, as the crucial functions of monitoring personal data and protecting whistleblowers are not within the mandate of the Commissioner for Human Rights. The Information Commissioner would also be responsible for protecting the right to access public information, thereby reducing the burden on the Ombudsman.

So, if local authorities fail to respond to your request for information or refuse it, you—like a resident of Vilnius or Amsterdam—can file an official complaint against the local authorities' supervisors, appeal to the Ombudsman, or submit a claim to the administrative court. In this regard, Ukraine's legislative framework is as comprehensive as that of many European countries. Therefore, the effectiveness of complaints depends primarily on the integrity of all parties involved—citizens, state authorities, judges, and others.