Legea nr. 544/2001 privind liberul acces la informatiile de interes public (Law No. 544/2001 on Free Access to Information of Public Interest)

Response Timeline

Under Article 7, public authorities must respond in writing within 10 working days from registration of the request. If the complexity, difficulty, volume of documentation, or urgency requires more time, the deadline extends to a maximum of 30 working days total, provided the requester is notified in writing within the initial 10-day period that the extended deadline applies. The Methodological Norms (HG 123/2002, Art. 16) clarify these are working days (zile lucratoare), not calendar days. Refusal to disclose must be motivated and communicated within 5 working days of receipt (Art. 7 para. 4). Under HG 123/2002 Art. 24, if the request falls outside the authority's competence, it must be forwarded to the competent authority within 5 working days, and the applicant must be informed of the redirect. Media requests for verbal information must be answered immediately or within a maximum of 24 hours (Art. 8 para. 4). A tacit refusal (failure to respond within the deadline) entitles the requester to file an administrative complaint within 30 days under Art. 21.

Any person ("orice persoana") may request public interest information regardless of nationality, citizenship, or residence. Article 6 uses the universal term "person" without any citizenship or residency qualification.

How to Submit a Request

Accepted Methods

• {'notes': "By post or in person at the public authority's office. Authorities must provide free standard request forms (HG 123/2002 Art. 14).", 'method': 'written'}
• {'notes': 'Electronic submission expressly permitted under Art. 6 para. 3 of the law and HG 123/2002 Art. 15. Responses may also be provided electronically.', 'method': 'email'}
• {'notes': 'Fax submission permitted under the Methodological Norms (HG 123/2002).', 'method': 'fax'}
• {'notes': 'Verbal requests are accepted under Art. 6 para. 2 and Art. 8. Public relations staff must explain access conditions. If the information cannot be provided on the spot, the requester is directed to submit a written request subject to Art. 7 deadlines.', 'method': 'verbal'}

Article 6(1) grants the right to "any person" (orice persoana), with no citizenship or residency requirement. The requester is not required to state reasons or justify the request. No specific form is mandated by the law, though authorities must provide free template forms under HG 123/2002 Art. 14. Requests can be submitted in writing (paper or electronic) or verbally. Written requests are registered and the applicant receives a confirmation with the registration date and number (HG 123/2002 Art. 20 para. 4).

Required Elements

• Name of the public authority or institution to which the request is addressed (Art. 6 para. 3 lit. a)
• Description of the information requested, sufficiently clear to allow identification (Art. 6 para. 3 lit. b)
• Full name (prenumele si numele) and signature of the requester (Art. 6 para. 3 lit. c)
• Address at which the response is to be delivered (Art. 6 para. 3 lit. c)

Optional Elements

• {'note': 'Email address for electronic delivery of response', 'field': 'email'}
• {'note': 'Phone number for follow-up communication', 'field': 'phone'}
• {'note': 'Preferred method of receiving the response (email or mail)', 'field': 'delivery_preference'}

Fees

Article 9(1) of Law 544/2001 states that if the request for information implies reproduction of documents held by the public authority, the petitioner shall bear the cost of reproduction, in compliance with the law. Submitting a request and receiving information orally or by inspection is free. There is no centrally mandated fee schedule; each public authority sets its own reproduction rates. HG 123/2002 does not prescribe uniform copying rates. A 2014 study by APADOR-CH found that authorities charged an average of 1.41 RON per A4 page (approx. EUR 0.30), with rates varying from 0 RON to 18 RON per page. The law does not provide for free initial pages or a cap on total fees. There is no explicit provision for fee waivers for low-income requesters.

Fee Waivers

• Information provided orally or made available for on-site inspection is free of charge; fees apply only when physical reproduction (copying) is requested.
• Information provided in electronic format (email) does not incur reproduction costs, as no physical copying is involved.

No statutory fee waiver provisions for copying costs. On-premises inspection is free. Some institutions voluntarily waive copying fees. All judicial proceedings under the law are exempt from stamp duty (taxa de timbru).

Exemptions

• National defense, safety and public order (Art. 12(1)(a))
  Information in the field of national defense, safety and public order, if it falls within the categories of classified information according to Law 182/2002 on the protection of classified information.
• Deliberations and economic/political interests (Art. 12(1)(b))
  Information regarding the deliberations of public authorities, as well as information concerning the economic and political interests of Romania, if it falls within the category of classified information according to the law.
• Commercial or financial information (Art. 12(1)(c))
  Information regarding commercial or financial activities, if its publicity infringes intellectual property rights or harms the principle of fair competition, according to the law.
• Personal data (Art. 12(1)(d))
  Information regarding personal data. Per Art. 14(1), personal data of citizens may become public information only to the extent that it affects the capacity to exercise a public function.
• Criminal or disciplinary investigation (Art. 12(1)(e))
  Information regarding the procedure during criminal or disciplinary investigation, if disclosure would jeopardize the outcome of the investigation, reveal confidential sources, or endanger the life, bodily integrity, or health of a person.
• Court proceedings (Art. 12(1)(f))
  Information regarding judicial proceedings, if its publicity would undermine ensuring a fair trial or the legitimate interest of any of the parties involved in the case.
• Youth protection measures (Art. 12(1)(g))
  Information whose publication would prejudice measures for the protection of young people (minors).

Romania's exemption regime under Law 544/2001 has significant structural weaknesses (RTI Rating: 8/20 on exceptions). PUBLIC INTEREST OVERRIDE: Article 13 provides only a narrow override, stating that information encouraging or concealing the breaking of law by a public authority shall not be regarded as classified information. There is no general public interest override requiring a balancing test. HARM TEST: The law does NOT require a harm test for most exemptions. Exemptions (a) and (b) are class-based -- once classified under Law 182/2002, the information is automatically exempt. Exemptions (e) and (f) contain implicit harm language but there is no general harm test (RTI Rating: 0/4). PARTIAL ACCESS: The law does not contain an explicit severability clause (RTI Rating: 0/2). TIME LIMITS: No provision for automatic declassification; classified information timelines are governed by Law 182/2002 (RTI Rating: 0/2). Refusals must be motivated and communicated in writing within 5 working days (Art. 7(2)).

Appeal Process

Romania's appeal system has two tracks: an optional internal administrative complaint to the authority head (Art. 21) and direct judicial review in administrative courts (Art. 22). The critical weakness is the absence of an independent information commissioner -- Romania scores 0/28 on all independence-related appeal indicators (RTI Rating Appeals: 6/30). The Avocatul Poporului can investigate but lacks binding enforcement powers. Court proceedings are fee-exempt and use expedited procedure, and courts can award both moral and patrimonial damages.

Request Templates

Records Retention

Lege nr. 16 din 2 aprilie 1996 (M.Of. nr. 71 din 9 aprilie 1996, republicată)

View retention law →

Sources & References

• Full text of law →
• Primary source →
• RTI Rating - Romania →
• RTI Rating - Law 544/2001 Full Text (PDF) →
• Portal Legislativ - HG 123/2002 Implementing Norms →
• Avocatul Poporului (People's Advocate) →
• Secretariatul General al Guvernului - FOI Reports →
• EU Rule of Law Report 2025 - Romania Chapter →