3. The right to information may be restricted, if necessary, proportionate and if the dissemination of the
information shall violate the professional secrecy guaranteed by Law.
4. The right to information is restricted even when, despite the assistance provided by the public
authority, the request remains unclear and it becomes impossible to identify the information required.
5. The right to information is not automatically refused when the information sought is found in
documents classified as “state secret”. In this case, the public authority, receiving the information
request, starts immediately the classification review procedure at the public authority who ordered the
classification, according to the Law No. 8457 of 11.02.1999, "On the classified information as “state
secret””, as amended. The public authority shall immediately notify the applicant on starting the
classification review procedure under the Law and decides whether to extend the deadline for providing
information within 30 working days. In any case, the decision to handle or not the information request is
taken and reasoned based on the criteria of this Article.
6. If the restriction affects only part of the information request, the rest of the information is not refused
to the applicant. The public authority clearly indicates the relevant parts of the rejected document, and
based on which point of this Article is making this rejections.
7. The provisions of this Article shall also apply to receiving archived information of any kind,
irrespective of the provisions of the Law “On Archives”.
CHAPTER V
VIOLATIONS AND ADMINISTRATIVE SANCTIONS
Article 18
Administrative violations and sanctions
1. Failure to implement the provisions of this Law entails administrative liability, as per the cases
provided for in point 2 of this Article.
2. The actions and inactions, in accordance with this Law to the extend they do not constitute a criminal
offence, are considered administrative offenses and are fined as follows:
(a) refusal of information contrary to the provisions of this Law, shall be punished by 150 000 to
300 000 ALL;
(b) failure to implement the institutional transparency program, within the period provided in point
1, Article 4 of this Law, is punishable by 50 000 to 100 000 ALL;
(c) non-review of the institutional transparency program, within the period provided in point 1,
Article 5 of this Law, is punishable by 50 000 to 100 000 ALL;
(d) failure to follow the institutional transparency program procedures, within the period provided in
point 2, Article 5 of this Law, is punishable by 50 000 to 100 000 ALL;
(e) failure to create, hold, publish or updated the Register of Requests and Responses, within the
period provided in point 1, Article 8 of this Law, is punishable by 50 000 to 100 000 ALL;
(f) failure to meet the requirements for information, recorded in the Register for Requests and
responses, within the deadline and as provided for in Article 9 of this Law, is punishable by 150
000 to 300 000 ALL;
(g) failure to register the information request, assign it a serial number and give the contact details
of the Right to Information Coordinator, under the provisions of point 2, Article 11 of this Law, is
punishable by 150 000 to 300 000 ALL;
(h) failure to send the information request to another public authority, within the period provided in
point 2, Article 12 of this Law, is punishable by 150,000 to 300,000 ALL;
(i) sending the information request to a public authority when the authority that received the
request already has the require information, contrary to the requirement of point 2, Article 12 of
this Law, is punishable by 150 000 to 300 000 ALL;
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