E-declarations: the unprecedented openness of data may undermine the confidence in the reform

15 August is the first day of the 60-day period for submission of electronic declarations by top officials to the National Agency for Prevention of Corruption. From a legal standpoint, if the online system did not start operating exactly in the midnight of 15 August, this does not mean that it failed or it has automatically been cancelled. The law sets two months for the first stage of the process of open declaration, and it is better to do it qualitatively", - says the BCU Secretary Pavlo Grechkivskyy in his blog for the “Correspondent”.

Mr Grechkivskyy emphasizes that the obligation to declare income by a specified list of individuals working in the State and local authorities started on Monday, and the technical problem with certification of protection of information, which caused so much public discussion, did not affect the fact of entry into force of the new rules.

"No matter how many scandals accompany the adoption of this law and its subsequent implementation, its legal force does not depend on information attacks. Those who are to submit a declaration, should begin inventory of their income and expenses, as the reporting will be quite detailed", - states the blog.

At the same time, Mr Grechkivskyy stresses that the unprecedented openness of data of declarations required by the law can pose a real threat for declarants and play against the reform.

"The Law "On Prevention of Corruption" provides that submitted declarations are included in the Unified State Register of Declarations and the NAPC ensures an open round the clock access to it. Only passport number, tax number and full address of objects contained in a declaration are not made public. In other words, a huge volume of valuable information of a financial nature of each specific person is put online, and this information can be viewed by anyone. The objectives of use of such information may be far from simple curiosity", - said Mr Grechkivskyy.

In such circumstances, data can be used for putting pressure on public officials, judges, MPs and officials of local authorities.

"Fight with corruption is a large and important topic, and it directly affects the success of sectoral reforms, the creditworthiness of the State and its international image. Declaration of income is an important component of anti-corruption policy to be implemented. However, in creating legal instruments in this fight, the State and the legislator must take a balanced approach to the requirements of full transparency of declarations", - referred the blog.

Link to the full text of the blog about the introduction of the European practice of reporting by officials to the public is available at the UNBA Ukrainian page.