Access to environmental information in Kazakhstan:

recent legislative developments;

electronic form of information;

application of the restrictions;

copyright and public domain

Vadim Ni, Ecoforum of NGOs of Kazakhstan,

10 October 2016

Recent developments of legislative framework on access to information

Law of 16 November 2015 on Access to Information

• First general law on access to public information

• Regulates public access to information in paper documents and electronic form

• Expands the scope of public authorities in relation to access to information

• Prescribes the content of web sites of public authorities

Law amendments оf 16 November 2015 and Rules of 30 June 2016

• More broad and strict application of administrative sanctions for violations of the right on access to public information

• More detailed regulation of public access to draft laws, regulations, plans and programs

• More detailed regulation of the confidentiality of the proceedings of public authorities

Amendments to the Environmental Code of 8 April 2016

• New Article 160 on the national PRTR (its content, reporting and public access to its data)

• New Article 166-1 on the State of the Environment Report (its content and periodicity, procedure of its development)

• Clarification of 161 on the State Fund of Environmental Information

Access to environmental information in

electronic form • Law of 7 January 2003 N 370

on Electronic Document and Digital Signature

• More active promotion with the advancing of e-government last few years

• More effective passive access to environmental information

• Active access to environmental information is very limited by content

• Installed-in services are more oriented for business and social needs

Access to electronic information by using digital signature

Basic information on digital signature

It is free and anyone older 16 can get it using their ID card. It is valid for 1 year. Can be updated online but not

on national IDs

Where to get it?

The place to get electronic digital signature is Social Service Centre, through applying online request.

What it is for?

To prove that is not anonymous request for information

It enables of getting information in electronic form and faster.

Electronic digital

signature is contained

in the chip/smart card

Legal framework for application of the restrictions on access to environmental information

2015 Law on Access to

Information

Сommercial secrets and intellectual

property rights – Civil Code

Confidentiality of primary statistical data – 2010 Law on State

Statistics

Сourse of justice – Criminal Procedure Code, 1994 Law on

Criminal Investigation

Proceedings of public authorities – 2000 Law

on Administrative Procedures

Main challenges of application of the restrictions

Access to statistical data on emissions

Access to information on activities with foreign and international investments

Enforcement of copyright

• Statistical authorities treat statistical data on emissions on the company level as confidential

• Two different court rulings in 2007 (in one case access was denied and in Western Kazakhstan the authority was obliged to disclose data on emissions)

• Article 11 of the Law on Access to Information on confidentiality of documents from foreign governments and international organizations

• Public denial of information disclosure on relocation of activities from China by the Government on 21 September 2016

• Lack of clarity on the scope of copyright and ways of its enforcement

• An incident in 2012 with a consultant and a printed copy of draft city plan on planting of trees

Environmental information for decision-making: copyright and the public domain

Sources in high demand

Studies related to Environmental

Impact Assessment

Consultant’s reports (technical assistance

projects)

Sources in less demand

Studies by universities

Studies by ministerial research institutions

Environmental information related to EIA

Legal framework

• Para 3 of Article 165 of the Environmental Code – reference to the Ministerial Rules

• Ministerial Rules of 25 July 2007 on Access to Environmental Information related to EIA

• Ministerial Rules of 7 May 2007 on Public Hearings

Approaches

• Passive access to information

• Public requests to decision-making authority

• 15 calendar days for response

• Active access to information

• Web sites of local authorities

• In practice it might be also EIA Consultant’s web site

Copyright regulation

• Documents in the public domain shall not contain confidential information

• No provision that information can be kept as confidential on the basis of protection of copyright

• No explicit provisions on how confidential information can be separated from the rest of the document

Access to official documents and copyright

Texts of legislation and policy documents

Court decisions

Web sites of public authorities

• Free access from Adilet database

• Publication by legal persons with written consent with reference to the sources

• Non-commercial publication by individuals without written consent

• Free access from the web site of the Supreme Court, http://sud.gov.kz/

• Need to know the number of case or name of a party to proceedings

• Names shall be changed or deleted

• References to the source • Free access to materials and draft

decisions

• In general, copying with reference

• In case of environmental authority copying is denied