The Information and Data Protection Commissioner’s Effectiveness on Transparency

The new Albanian law of 2014 “On the Right of Information” fully reformed the existing system regarding the obligation of the public-administration institutions to make available public data to any interested party. Inspired by Western European countries’ models like the UK, Sweden, Spain, Germany, etc. it created the Information and Data Protection Commissioner. Considered a special form of external control, the new Institution has the obligation to guarantee the citizens’ right to access public data and, at the same time, to have their personal data protected.

The 2014 law makes considerable changes compared with the previous law by liberalizing the citizens’ access on public data, making it possible for anyone to request and obtain information considered public, without the need to explain their motives. Notwithstanding, the main novelty is the Information Commissioner, whose main role is to supervise, control and assist the new law implementation. Bearing this in mind, the aim of the paper is to analyze the activity of the Information Commissioner and its decision-making, in order to answer the question whether this new institution will be able to implement the new law and its ambitious objectives. The available data on complaints addressed to the Commissioner, their resolution’s modalities and the willingness of the Commissioner to decide when deemed necessary will help in assessing how effective the implementation of the new law and the new institution has been so far, considering that transparency is one of the main pillars of a responsible public administration.