Ograniczenie prawa do informacji publicznej w orzecznictwie sądów administracyjnych - wybrane zagadnienia

Abstract

In modern democracies, the right to public information is the basis of functioning of states and international organizations. In Poland, the right to information, as introduced in the Constitution of the Republic of Poland and regulated in the Act on Access to Public Information, provides citizens with extensive possibilities of controlling the state’s transparency. In the Act, access to public information is defined very broadly and covers almost everything that is related to the activity of public authorities. However, this right cannot be of absolute nature. For various reasons, access to public information must be limited. However, such limitations should be exceptions and cannot violate the essence of the right of access to public information, as referred to in the Constitution and the Act on Access to Public Information. In recent years, there has been a dramatic increase in the number of requests for public information and public institutions issue decisions on refusal to provide such information. These decisions are then examined by administrative courts. In such cases, administrative courts play a very important role, as in their rulings, they define the fundamental concepts included in the Act on Access to Public Information and specify the scope of public information subject to disclosure. The article contains a detailed analysis of the body of rulings of administrative courts in terms of the limitation of the right to public information due to personal data protection, business secrets, and the value of processed information, which is related to an additional requirement of the applicant acting in public interest. It must be added that the body of rulings in terms of providing access to public information is inconsistent and changeable, which makes it substantially more difficult for public administration authorities to carry out this constitutional right.