Request for information of public interest submitted in electronic format. Lack of proof of registration of the request by the public authority or institution. The burden of proof. Effects

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The law regarding free access to information of public interest and the Methodological Rules for implementing the law regulate the possibility of submitting a request for information of public interest in electronic format. The fact that the defendant public authority or institution has not issued the proof of registration of the request for which the plaintiff provided proof of dispatch by e-mail cannot lead to the conclusion that this request for information of public interest was not dispatched by the plaintiff and received by the defendant by electronic mail. For such conclusion, it was necessary for the defendant to prove clearly, by any admissible means of evidence, that it did not receive such request (determined negative fact).