Rules on access to public information

 

 

1 January 2002 came into force, the Act of 6 September 2001 on access to public information (Journal of laws No. 112, item 1198). The Act clarifies the constitutional article entry. 61 on the right of citizens to information about the activities of the public authorities.

 

The Act requires the national authorities (and others) to share any information about public affairs. The exception is classified information. In accordance with the law the right to public information includes permission to immediately obtain the information, containing the current knowledge about public affairs. The right to public information consist of permission to:

 

• public information, including the information processed,

• access to official documents,

• access to the meetings of the collegial bodies of public authority from the general election.

 

This right shall be open to any person. From the applicant of public information may not require justification of the proposal (to demonstrate the legal interest or actual).

 

Provision Information Subject :

As a general principle to share any confidential information about public affairs is specified in Chapter 2 of the Act. There indicated directly what kind of information are making.

 

These are among others. information about:

 

• The bodies of public authority – including their legal status, organisation, competence, assets, people involved in them and their competence;

• the principles of the functioning of the public authorities-including how to handle matters, will be taken and the order in which they get, registers, records and archives;

• Government policy-including the intentions of the legislation, projects, programmes for the implementation of public tasks;

• public data – including official documents, in public affairs positions occupied by public officials, the content of speeches and evaluations carried out by the public authorities, public property.

 

Under the Act are to be non-confidential and sittings available from authorities. The Act instructs the make and share transcripts or minutes of deliberations. The Act also defines the notion of an authentic instrument, which is making. The official document is the content of the statement will or expertise, perpetuated and signed in any form by a public official within the meaning of the provisions of the Penal Code, within the framework of its competence, to another entity, or complex.

 

Restrictions on access to public information

 

Refusal of information may be due to its confidentiality (protection of personal data, the right to privacy, the secret state, business, fiscal, statistical). The right to public information is also subject to restrictions because of the privacy of a person or the mystery trader. This restriction does not apply to information about individuals performing public functions, connected with the performance of these functions, including the conditions to entrust and function, and if the natural person or entrepreneur to forgo their right. Refusal of information follows in the form of an administrative decision.