Access request from Zakarpattia journalist Olena Mudra declined by Commissioner

The office of the Verkhovna Rada Commissioner for Human Rights declined a request for public information filed by the investigative journalist from Zakarpattia, Olena Mudra. Olena Mudra reported this to the Institute of Mass Information.

In her request sent on July 25, the journalist asked for copies of the responses to the complaints she had filed to the Commissioner in 2022–2023 regarding the State Bureau of Investigation failing to provide public information to her. Mudra had complained to the Commissioner about the SBI's failure to report the number of criminal cases currently under pre-trial investigation.

"These replies, except the last one submitted this April, were not sent to my email address, which I always list in my complaints. Overall, I usually learn that the appeal was successful from the body I complained against," she said.

Olena Mudra's request to the VR Commissioner for Human Rights, photo by Olena Mudra

The journalist submitted the request to [email protected], having signed it, scanned it, and signed the pdf version digitally in the Diya app.

"In one letter to the Commissioner, I sent the archive, signed with a digital signature, and the request in PDF. As I usually do with most of my requests," Olena said.

This week, she received a reply from a representative of the Verkhovna Rada Commissioner for Human Rights, who refused to provide the requested information.

"The information contained in the requested copies of the documents concerns you personally, that is, the requested copies of documents contain your personal data. […] Your request dated 07/25/2024, does not include details of the identity document, which makes it impossible to identify you,” says the reply signed by Yulia Derkachenko, the Commissioner's representative for information rights.

The Commissioner's reply to Olena Mudra's request, photo by Olena Mudra

"The requested information was not provided to me because the documents contained my personal data, and I myself could not be identified. According to the manager, my 'request dated 07/25/2024 does not include details of the identity document.' In their refusal, they also cited Clause 8, Part 1, Art. 7 of the Law 'On the unified state demographic register and documents confirming the citizenship of Ukraine, verifying a person's identity or special status', which defines which data are considered 'details of a document issued to a person,'" said Mudra.

The Commissioner's office recommended the journalist to contact them again with a request that meets the requirements of Art. 16 of the Law "On Protection of Personal Data" if she wants to receive the requested information containing her personal data.

Calling the hotline, Olena was told that she could mail a complaint about this refusal or a new request through Ukrposhta with all the necessary documents included. Yet, the Commissioner's official website says that the requester can choose the way in which to submit their request, i.e. by mail, fax, phone or e-mail.

"However, in practice, everything turns out to be different. When I called the hotline, I was told that inquiries or complaints made over the phone are recorded but not actually processed. Therefore, I can mail a complaint about the refusal I received or a new request by Ukrposhta, attaching all the necessary documents," the journalist said.

"I am angry and upset at the same time. It seems that by the Commissioner's logic, and seeing as they refused a request digitally signed through Diya, I must personally come from Uzhgorod to Kyiv with my passport and a request that they provide me with answers to my complaints, which, by the law, should have been emailed to me in the first place. Because, even if I send them a copy of my identity document as listed Art. 16 of the law attached to my request, they may still have doubts about my identity, since they don't see me in person," Olena Mudra commented.

Earlier, in September 2023, unknown persons tried to access the Telegram profile of Olena Mudra, an investigator journalist from Zakarpattia, twice. She believes this has to do with her reporting.