Poland
Name of law: Act on Access to Public Information
First adopted: 2001
Last modified: 2011-09
RTI Rating last updated: 2015-08
First adopted: 2001
Last modified: 2011-09
RTI Rating last updated: 2015-08
Introduction
Poland's Constitutional Tribunal on April 18 has annulled amendments to the freedom of information law passed in 2011.| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 4 | 6 |
| 2 | Scope | 29 | 30 |
| 3 | Requesting Procedures | 18 | 30 |
| 4 | Exceptions & Refusal | 14 | 30 |
| 5 | Appeals | 12 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 1 | 16 |
| ∑ = 79 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Constitution Article 61(1): A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. (2)The right to obtain information shall ensure access to documents and entry to sittings of collective organs of public authority formed by universal elections, with the opportunity to make sound and visual recordings. (3)Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State. (4)The procedure for the provision of information, referred to in paras. 1 and 2 above shall be specified by statute, and regarding the Sejm and the Senate by their rules of procedure. | Constitution of Poland available in English here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 1(1) Each information on public matters constitutes public information in the understanding of the Act and is subject to being made available on the basis of principles and under the provisions defined in this Act. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | Constitution Article 61(3): Limitations upon the rights referred to in paras. 1 and 2 above, may be imposed by statute solely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State. | Article 61.3 of the Constitution already places limits to access. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | 2(1) Each person is entitled, with the stipulation of Article 5, to the right of access to public information, hereinafter referred to as "the right to public information. | By "each person" it also means also legal person. There is rich jurisprudence confirming this. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | 3(1) The right to public information covers the entitlement to: 1) obtain public information, including obtaining information processed within such a frame, in which it is particularly essential for the public interest, 2) insight into the official documents, 3) access to the board meetings of public authorities bodies chosen by general elections, (2) The right to public information covers the entitlement to obtain immediately the information containing the knowledge on present public matters. | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 3(1) The right to public information covers the entitlement to: 1) obtain public information, including obtaining information processed within such a frame, in which it is particularly essential for the public interest, 2) insight into the official documents, 3) access to the board meetings of public authorities bodies chosen by general elections, (2) The right to public information covers the entitlement to obtain immediately the information containing the knowledge on present public matters. | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | 4(1) To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. | The article contains the principle by which all the public authorities are included under the scope of the act, and the mention of some of them in particular. No mention about archives but they are accessible on the grounds of a different legal act. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 4(1) To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority,[...] | The article contains in detail which information "in particular" has to be made available. Also, Article 61.4 of the Constitution states that access to information on the Parliament is regulated by its rules of procedure (which refer in most cases to the Access to Public Information Act). |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 4(1) To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority,[...]. | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 6(1) The following information is subject to being made available, in particular on: 5) Public property, including: e) incomes and losses of the commercial companies in which the entities, defined in c. a) - c) hold the dominant position in the understanding of the provisions of the Commercial Companies Code and disposal of this income and the method of covering losses, | Is the obligation of the public authorities as well as other entities performing public functions. Also expressly stated in Article 61.1. of the Constitution: other persons or organisational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury. |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 4(1) To make the public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 1) bodies of public authority, 2) bodies of economic and professional local authorities, 3) entities representing the State Treasury in accordance with the separate provisions, 4) entities representing state legal persons or legal persons of local authorities and entities representing other state organisational units or organisation units of local authority, 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. | The article contains the principle by which all the public authorities are included under the scope of the act. |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 4(1) To make public information available is the obligation of the public authorities as well as other entities performing public functions, in particular: 5) entities representing other persons or organisational units, which perform public functions or dispose of public property as well as legal persons, in which the State Treasury, units of local authority or economic or professional local authority hold dominant position in the understanding of the provisions of competition and consumer protection. | Private bodies that receive public funding are not specifically mentioned. However, Article 61.1. of the Constitution means without doubt it is interpreted as covering both a) and b). |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | 2(2) The person exercising the right to public information cannot be demanded to reveal the legal or factual purpose. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 14(1) Making the public information available takes place in the method and in forms which are in accordance with the petition unless the technical measures, which are at the disposal of the entity being obliged to do this, make it impossible to make the information available in the method and in form defined in the petition. 10(2) Public information, which can be immediately made available, is made available in the oral or written form without a written petition. | Article 14.1 states that making the public information available takes place in the method and in forms which are in accordance with the petition and Article 10 only states that the request can be oral or written. If the law does not describe more requirements, that is because there are no further requirements. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 10(1) Public information, which was not made available in the Public Information Bulletin, is made available on the petition. 10(2) Public information, which can be immediately made available, is made available in the oral or written form without a written petition. | No details listed in order to request information. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | Not mentioned. | |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 14(2) If the public information cannot be made available in the method or in form defined in the petition, the entity obliged to do this, notifies in writing the petitioner of the reasons for lack of possibility to make the information available in accordance with the petition and point in what way or in which method this information can be made available immediately. In such a case, if within 14 days of the notification the petitioner shall not submit the petition for making this information available in a method or in form pointed in the notification, the proceedings for making the information available are discontinued. | 1 Point for information not held. In the case of receiving a request, the authority must react within 14 days. As Article 14, Section 2 states, only the entities being in possession of such information are obliged to make it available. This means the authority should inform the requester that it is not in the possession of the information. It does not formulate the obligation to transfer the request to another entity or even to inform the individual of which body may have the information. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | 14(1) Making the public information available takes place in the method and in forms which are in accordance with the petition unless the technical measures, which are at the disposal of the entity being obliged to do this, make it impossible to make the information available in the method and in form defined in the petition. (2) If the public information cannot be made available in the method or in form defined in the petition, the entity obliged to do this, notifies in writing the petitioner of the reasons for lack of possibility to make the information available in accordance with the petition and point in what way or in which method this information can be made available immediately.[...] | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 13(1) Making the information available on the petition of is made without undue delay, no later however than within 14 days of submitting the petition, with the stipulation of it. 2 and Article 15, it.2. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 13(1) Making the information available on the petition of is made without undue delay, no later however than within 14 days of submitting the petition, with the stipulation of it. 2 and Article 15, it.2. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 13(2) If the public information cannot be made available within the date defined in it.1, the entity obliged to making it available notifies within this period of the reasons for delay and of the date on which he completes this information, not longer however, than two months of submitting the petition. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 7(2) Access to public information is free, with the stipulation of Article 15. 15(1) If as a result of making public information on the petition, defined in Article 10, it. 1, the entity obliged to do this, is to incur the additional costs connected with the method defined in the petition of a method of making it available or necessity to transform the information in the form pointed in the petition, this entity is entitled to the payment from the petitioner covering these costs. | The access to public information is free, unless it incurs in additional costs (referring to method of making information available) |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | 15(1) If as a result of making public information on the petition, defined in Article 10, it. 1, the entity obliged to do this, is to incur the additional costs connected with the method defined in the petition of a method of making it available or necessity to transform the information in the form pointed in the petition, this entity is entitled to the payment from the petitioner covering these costs. (2) The entity, defined in it. 1, within 14 days of submitting the petition, shall notify the petitioner of the amount of the payment. Making the information available in accordance with the petition takes place after the expiration of the period of 14 days of notifying the petitioner unless the petitioner makes within this period the change in the petition in the scope of method and form of making this information available or withdraw the petition. | The only fee listed refers to the method of making information available. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Not mentioned | |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Not mentioned, but there are those charges copied from the PSI Reuse Directive. | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | 1(2) The provisions of the Act shall not breach the provisions of other acts defining different principles and the mode of access to the information being public information. | Info will be withheld if disclosure would be contrary to the provisions of another enactment. Although, the privacy exception is treated as an exception solely described in the Access to Public Information Act, adding 1 point. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | YES | 10 | 5(1) The right to public information is subject to limitation to the extent and on the principles defined in the provisions on the protection of confidential information and on the protection of other secrets being statutorily protected. (2) The right to public information is subject to limitation in relation to privacy of a natural person or the secret of an entrepreneur. The limitation does not relate to the information on persons performing public functions, being connected with performing these functions, including the conditions of entrusting and performing these functions and in the event when a natural person or entrepreneur resigns from the right to which he was entitled to. (3) The access to public information on matters resolved before the state authorities, in particular in the administrative, criminal or civil proceedings cannot be limited, with the stipulation of it. 1 and 2, with respect to protection of the party's interest, if the proceedings concern the public authorities or other entities performing public functions or persons performing public functions - in the scope of these functions or tasks. | Almost no exceptions listed, only privacy (permitted), protection of confidential information and secrets statutorily protected (state, official, treasury or statistical). |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | Article 31.3 of the Constitution: Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights. | There is no harm test explicitly stated in the law that applies to the exceptions. However, Article 31.3 of the Constitution has a proportionality measure that would imply a harm test, but this is not guaranteed when initially considering to refuse disclosure. In practice, public officials do not really do a harm test but courts are more aware of the Constitutional rule and it is visible in the most of judgments (both regional and supreme administrative courts). |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | Article 31.3 of the Constitution: Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights. | There is no public interest test explicitly stated in the law that applies to the exceptions. However, Article 31.3 of the Constitution has a proportionality measure that would imply a public interest test, but this is not guaranteed when initially considering to refuse disclosure. In practice, public officials do not really do a public interest test but courts are more aware of the Constitutional rule and it is visible in the most of judgments (both regional and supreme administrative courts). |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | Not mentioned. | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | No procedures listed. | |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | No direct severability clause mentioned. However, Article 5.1 states \"The right to public information is subject to limitation to the extent...\" which means that the rest of the document not covered by exceptions has to be made available. | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 16(1) The refusal to make the public information available and discontinuation of proceedings to make the information available in the case defined in Article 14, it. 2 by the body of public authority takes place by means of a decision. (2) In relation to the decision, defined in it. 1, the provisions of the Code of Administrative Proceedings shall apply, however: 1) the appellation from the decision is investigated within 14 days, 2) the justification of the decision on the refusal of making the information available includes also the names, surnames, and these persons' functions, who took decision under the procedure on making the information available and marking the entities, in relation to whose goods, defined in Article 5, it. 2, the decision on the refusal to make information available was issued. | The Act refers directly to the Code of Administrative Proceedings which specifies the obligatory elements of the decision. Those elements are inter alia exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | YES | 2 | 21 To the complaints considered in the proceedings on making public information available the provisions of the Act of 30 August, 2002 – the Law on proceedings before the administration courts (Journal of Laws No 153, it. 1270) shall apply with the stipulation of the case, defined in Article 22, however: 1) transferring the files and replies to the complaints shall be made within 15 days of receiving the complaint, 2) the complaint is considered within 30 days of receiving the files alongside with the reply to the complaint. | Article 21 provides a procedure with a short frame (14-15 days) relating to the Code of Administrative Proceedings. The refusal has to be considered by the administrative entity of higher instance or in the lack of higher instance shall be reconsidered by that entity that refused access (Article 17.2) |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | No external appeal. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | There is no independent oversight body. | |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | There is no independent oversight body. | |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | There is no independent oversight body. | |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | There is no independent oversight body. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | There is no independent oversight body. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | There is no independent oversight body. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 22(1) The entity, which was denied the access to the public information in respect to its exclusion of its openness when quoting the protection of personal data, the right to privacy and the secret other than state, official, treasury or statistical secret, is entitled to put an action to the court for making such information available. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | 21 To the complaints considered in the proceedings on making public information available the provisions of the Act of 30 August, 2002 - the Law on proceedings before the administration courts (Journal of Laws No 153, it. 1270) shall apply with the stipulation of the case, defined in Article 22, however: 1) transferring the files and replies to the complaints shall be made within 15 days of receiving the complaint, 2) the complaint is considered within 30 days of receiving the files alongside with the reply to the complaint. | It can be inferred that the process will be free of charge, but there is no mention about the need of a lawyer. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Although not directly stated in law, jurisprudence allows it. The requester is entitled to submit a complaint to the Regional Administrative Court on this actions or lack of them. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | Partially | 1 | Some are clearly presented in Article 22 of the Act, and the rest in the law on proceedings before the administrative courts. | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 2 | Although not directly stated in the law on proceedings, the administrative courts introduced such a burden. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | There is no independent oversight body. | |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | Partially | 1 | 23 Whoever, contrary to the obligation weighing on him, shall not make the public information available, is subject to fine, penalty of restricted liberty or penalty of deprivation of liberty for up to one year. | No mention about the destruction of documents |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | No system listed. | |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | There is no independent oversight body. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | 12(1) Public information made available in such a way, defined in Article 10 and 11, is marked with data defining the entity, which makes the information available, with the data defining the identity of a person, who produced the information or is responsible for its contents, data defining the identity of a person, who made this information available as well as the data being made available. (2) The entity making the information available is obliged to ensure the possibility of: 1) copying of public information or its printout or 2) sending the public information or transferring it to the appropriate, commonly used information carrier. | The quoted Article only describes the obligation to disclose the list on people that influence the refusal (such as the authority's lawyer) but does not impose the obligation to appoint any dedicated official. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | No Public awareness-raising efforts listed. | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | Not specifically mentioned. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | Partially | 1 | According to Article 6.1.3.f of the Act, the authority is obliged to publish information on conducted registers, books, and archives, and on methods and principles of making data there contained available. | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. |
