On March 1st, 2019, the director of Freedom of Information Center of Armenia Shushan Doydoyan send a request to “Scientific-practical center of forensic medicine” SNPO of the Ministry of Health of the RA, asking to provide a staff list and date (names of employees) of the Shirak Region Forensic Medical Examinations Division for the fourth quarter of 2014 (October 1-December 31).On March 5, 2019 the “Scientific-practical center of forensic medicine” SNPO officially refused to provide information as it is personal date of employees and they are not authorized to transfer it without the employee’s written consent.
On June 17, 2019 the Freedom of Information Center of Armenia submitted a double request stating that according to Article 7, Clause 4, Sub-Clause 4 of the RA Law on Freedom of Information, the information holder at least once a year publishes staff list, including names, surnames, education, profession, position, workplace, telephone numbers, e-mail addresses of officials. The requested information by the FOICA have already been published in 2014 so additional agreement is not required to provide the published information once more. The FOICA asks again to provide the aforementioned information. The second request of the FOICA was refused again, considering that the SNPO belongs to the list of organizations mentioned in Article 7 Clause 6 of the RA Law on Freedom of Information and does not publish the mentioned information.
On August 5, 2019 the director of Freedom of Information Center of Armenia Shushan Doydoyan applied to the Personal Data Protection Agency. On the initiative of the Personal Data Protection Agency on the application of the Freedom of Information Center, on August 8, 2019, it initiated administrative proceedings N-054/08/19:
As a result of the proceedings, the Agency decided:
1. Provision of the staff list and date of employees of “Scientific-practical center of forensic medicine” SNPO (including Shirak Region Forensic Medical Examinations Division for the fourth quarter of 2014 (October 1-December 31) in accordance with Article 7, Part 3, Clause 4 or providing it to the applicant on the basis of a request does not contradict the RA Law on Personal Data Protection.
2. This decision enters into force from the moment parties get it and can be appealed to the RA Administrative Court within the period prescribed by law.
After the aforementioned the FOICA again sent a request to “Scientific-practical center of forensic medicine” SNPO restating to provide information. The “Scientific-practical center of forensic medicine” SNPO did not provide any answer. On January 14, 2020 the FOICA sent one more request. Later, On January 20, 2020 the “Scientific-practical center of forensic medicine” SNPO sent another baseless rejection.
After the last request the FOICA orally applied to the Personal Data Protection Agency. On May 11, 2020 by the mediation of the Ministry of Health of RA, the FOICA received a reply letter, providing required information (inquiry and answer here).
