On 20 July 2017 the round table “Role of Information Commissioner in ensuring the right to access public information and personal data protection” was held in Kyiv. The event was organised by the Council of Europe Project “Strengthening Freedom of Media and Establishing a Public Broadcasting System in Ukraine”, implemented within the Council of Europe Action Plan for 2015-2017, in cooperation with the Secretariat of the Ukrainian Parliament Commissioner for Human Rights.

The round table gathered more than 20 participants – the Council of Europe representatives and experts, representatives of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights, the Centre for Democracy and Rule of Law (CEDEM), the EIDOS Centre for Political Studies and Analysis, other non-governmental organisations, representative of the Canadian Embassy of Ukraine and journalists.

Toby Mendel was the main speaker of the round table. He is the Council of Europe international expert who has a solid experience in providing expertise regarding foundational rights for democracy, including the right to information and freedom of expression. Mr Mendel is the Executive Director of the international human rights NGO Centre for Law and Democracy (Canada).

Toby Mendel during his presentation addressed important aspects of organisation and functioning of the Information Commissioner (Information Commissioners or Commissions) in countries such as Canada, United Kingdom, India, Mexico, Indonesia and other jurisdictions. The international expert analysed all pros and cons of the systems of the Information Commissioner and Information Commissions, existence of two separate Information Commissioners for access to public information and for personal data protection, mentioning all the powers the above bodies shall have. Besides, Toby Mendel underlined the necessity of ensuring independence of the appointment/selection process to these new institutions, as well as their independence from any persons or authorities. The international expert also paid participants’ attention to the Institutional Mapping Analysis in Sphere of Information Policy and Media in Ukraine (Ukrainian Parliament Commissioner for Human Rights Competencies and Legislation in the Sphere of Access to Public Information), prepared by Natasa Pirc Musar, Council of Europe expert. He stressed that this document shall be taken into account when establishing the institute of Information Commissioner (Information Commissioners or Commissions) in Ukraine.

Natalia Kashynska and Angelina Makarkina, Representatives of the Secretariat of the Ukrainian Parliament Commissioner for Human Rights, gave presentations on the current challenges that the Ombudsperson’s Office faces in the sphere of access to public information and personal data protection. They supported the idea of establishment of a new dedicated state body and transfer the mentioned functions to it.

Iryna Kushnir, Representative of the Commissioner – Head of the Department for drafting of constitutional appeals and observance of the right to access to public information, joined the lively discussion between the civil society representatives and the international expert. She raised the issue of other countries’ negative experience in the process of establishment of the institute of the Information Commissioner (Information Commissioners or Commissions) in order to avoid faults in Ukraine.

All the round table participants had an opportunity to discuss in detail the peculiarities of functioning of the Information Commissioner and Commission’s different models and agreed upon the necessity of wide public discussion preceding establishment of a new institute for Ukraine – the institute of the Information Commissioner (Information Commissioners or Commissions).

The Council of Europe has confirmed its readiness to engage in future events and continue supporting Ukraine in the process of establishment of a new authority on access to public information and personal data protection through the activity of the relevant Projects in Ukraine. 

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For more information visit the Council of Europe web-site:

https://www.coe.int/en/web/kyiv/freedom-of-media-in-ukraine