Abstract
<p>The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. Therefore, it is worth to pay attention to several problems arising from the analysis of statutory provisions and the practical consequences of applying the Act of 6 September 2001 on Access to Public Information. The current, extremely extensive, output of doctrine and jurisprudence allows for a fairly “efficient” summary of the considerations made in both literature and judicial and administrative case law.</p>
Highlights
The right to public information in the Republic of Poland has been guaranteed in Article 61 (1) of the Constitution of the Republic of Poland
It is indicated there that the right to obtain information shall cover access to documents and entry to sittings of collective units of a public authority formed by universal elections, with the opportunity to make sound and visual recordings
C to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested
Summary
The provisions of the Act on Access to Public Information regulate, among others, the subjective and objective scope of the right to public information, reasons for restricting access to information, procedure and form of disclosure, rules for creating and publishing information in the Public Information Bulletin, costs of activities leading to the disclosure of information and the establishment of complaint proceedings in the event of refusal to provide the public information requested. – in accordance with the above-mentioned judgement of the Voivodeship Administrative Court in Warsaw of 15 November 2013 (II SA/Wa 909/13) – to confirm the existence of a legally protected business secret, it should be demonstrated that the information in question, first, was not previously disclosed to the public; secondly, it has technical, technological, organizational, commercial or economic value; and, thirdly, specific actions have been taken (by the entrepreneur) to preserve its confidentiality. A question of properly balancing the proportions that must be observed to assume that a given restriction on civil liberties does not violate the constitutional hierarchy of goods (principle of proportionality)22 Another interpretative problem that is worth to pay attention to is the scope of the meaning of the term “public property” used in the Act on Access to Public Information, and the answer to the question whether all information regarding any (every) asset of the State Treasury and local government is to be disclosed. S about the scope of the concept of public information, types of entities required to disclose it, circumstances in which it is possible to talk about limiting the right to information due to the privacy of a natural person or the secret of the entrepreneur, Cas well as the form of determining the costs of the procedure leading to the disclosure of public information
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