3-5 QERSHOR 2024
KONFERENCA NDËRKOMBËTARE
E KOMISIONERËVE TË INFORMIMIT
www.informationcommissioners2024.al

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COMPLAINT FORM ON THE RIGHT TO INFORMATION

  • The completed form may be sent to the Commissioner’s Office at info@idp.al, in person or by mail at: Rr. Abdi Toptani, Tirana.

    Law No. 119/2014 “On right to information”
    Article 24
    Procedures for examining the complaints

    1. Every person shall, where deemed that the rights provided for in this law have been violated, be entitled to file a complaint administratively with the Commissioner for the Right to Information and Protection of Personal Data, in compliance with this law and the Code of Administrative Procedures.

    2. The administrative complaint with the Commissioner for the Right to Information and Protection of Personal Data shall be filed within 30 working days since the day when:a) The complainant received the notification about the refusal of access to information;b) The deadline provided for in this law for making this information available has expired.

    3. Upon receiving the complaint, the Commissioner for the Right to Information and Protection of Personal Data forward it to the structure dealing with the right to information, the latter checking out the facts and the legal basis of the complaint. He may, to this effect, require the complainant and the public sector body, against which the complaint has been filed, to make written submissions and to be informed by any other person or source. Where deemed necessary, the Commissioner holds a public hearing with the involvement of the parties.

    4. The Commissioner for the Right to Information and Protection of Personal Data shall, with regard to the complaint, make a decision within 15 working days since the day when the complaint has been lodged.

    5. The Commissioner for the Right to Information and Protection of Personal Data shall decide:

    a) Rejection of the complaint if:
    i) The deadline provided for in point 2 of this Article has expired;
    ii) The complaint is not lodged in writing;
    iii) Rejection of the request, partially or fully;

    ç) The deadline, within which the public sector body shall implement the order.

    6. If the Commissioner for the Right to Information and Protection of Personal Data does not make the decision prior to the expiry of the deadline provided for in point 4 of this Article, the complainant shall be entitled to approach the court.

    7. The administrative procedure provided for in this Article does not affect the powers of the Ombudsman with regard to supervising and implementing the civil rights in accordance with the Law no 8454, dated 04/02/1999, “On Ombudsman”.