Shqip
Srpski
Regarding the reaction published by Mr. Agon Sinanaj from “Buletini Ekonomik”, concerning the handling of the complaint addressed against the Energy Regulatory Office, published on 18 August 2025
19 August 2025, Prishtina
In the framework of handling the addressed complaint, the Information and Privacy Agency informs the public that its actions have been carried out in accordance with Law No. 06/L-081 on Access to Public Documents. The restriction of access to public documents has been applied in order to guarantee the protected interest, which, in this particular case, prevails over the public interest, since the disclosure of such information to third parties could seriously harm the investigative process. The Agency informs that, after the conclusion of the investigations, access to the requested information may be granted, upon the party’s request, ensuring the integrity of the information.
The Information and Privacy Agency (IPA), based on its legal responsibilities under Law No. 06/L-081 on Access to Public Documents, received a complaint submitted by Mr. Agon Sinanaj from “Buletini Ekonomik” against the Energy Regulatory Office (ERO), for failing to provide access to public documents, where the following were requested:
1. Data on electricity import purchases (2024), hour by hour, for the year 2024 from the Kosovo Electricity Supply Company (KESCO);
2. All individual contracts concluded during the electricity trading by KESCO, for the year 2024.
Upon receiving the complaint, the Agency requested from the ERO the justification for restricting access to the requested information, by referring to at least one of the 12 criteria foreseen in paragraph 2 of Article 17 of Law No. 06/L-081.
In its reasoning, the ERO declared that the complainant had been informed that the requested information could be provided in a summarized form, emphasizing that restricting access to detailed hourly purchase data was necessary, as disclosure could interfere with the ongoing internal monitoring and investigative process related to KESCO’s energy purchases. The ERO also stressed its commitment to provide such information to the party once the monitoring process is completed.
Based on the Agency’s binding decision, which at this stage was supported by the ERO’s reasoning, the institution was required to grant full access to the requested documents.
On 29 July 2025, in addition to its correspondence with the complainant, the ERO requested an official meeting with the Agency. During this meeting, ERO representatives provided additional clarifications regarding the impossibility of granting full access to the requested documents, arguing that disclosure could compromise the internal investigative process.
Relying on subparagraph 2.3 of Article 17 of Law No. 06/L-081, which allows for restriction of access in cases where disclosure may harm the prevention, investigation, or prosecution of criminal offences, the Agency assessed that, in this case, restricting access was justified, as the protected interest prevails over the public interest.
During the complaint review process, the Agency usually issues a binding decision, as was the case here. After this phase, within the legal timeframe, the public institution has the right to present justifications supporting its restrictive position. The process concludes with a final decision and, in this particular case, two decisions were issued, in line with the internal Regulation No. 01/2025 on the review of complaints regarding access to public documents.
In conclusion, the Information and Privacy Agency reiterates that its actions are fully in line with Law No. 06/L-081 on Access to Public Documents. The restriction of access was applied to guarantee the protected interest, which in this case prevails over the public interest, since the disclosure of such information could seriously damage the investigative process. After the conclusion of the investigations, upon the party’s request, access to the documents will be granted in their entirety.