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The right to access public information

Source: Samuel Zeller, licencja: CC 0.

Link to the lesson

Before you start you should know
  • The most important citizen’s rights are enshrined in the Constitution of the Republic of Poland - the right to access public information is one of these rights.

  • It is very important in a democratic state that citizens are well informed on the actions of the authorities.

You will learn
  • You will know the legal basis for the right to access public information.

  • You will know where to find public information and be able to describe the procedure for accessing public information.

  • You will be able to explain the importance of the right to access public information in a democratic state.

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nagranie abstraktu

As citizens of a democratic state we have the right to influenceto influenceinfluence decisions of local and state authorities. However, in order to be able to do it, we need to be well informed on the actions of these authorities. This is what the right to access public information is for.

Public information is any information on public matters, e.g. all the documents issued by the Sejm or the Senate may be found in appropriate publications (the Official Journal of Laws and the Official Gazette of the Republic of Poland “Monitor Polski”) everyone is able to view and read, especially there are also online versions of these publications. Moreover, all the implementing actsimplementing actsimplementing acts (regulations) issued by members of the Council of Ministers are also public. These documents are publicisedto publicisepublicised in a similar way.

Furthermore, there are court judgements and administrative and normative decisions of local authorities that are important to citizens, because they influence their lives. Additionally, if the citizens are aware of the actions of the authorities, they become more interested in their region and state, and tendto tendtend to engageto engageengage more in the decision‑making process. This way, social capitalsocial capitalsocial capital built and responsibility for their “little homeland” increases.

The main and most important document regulating all citizen’s right and obligations is the Constitution of the Republic of Poland. Naturally, the right to access public information is guaranteed in the Constitution, too.

The Constitution of the Republic of Poland

Article 51

(...)

3. Everyone shall have the right to demand the correction or deletion of untrue or incomplete information, or information acquired by means contrary tocontrary tocontrary to statute.

4. Principles and procedures for collection of and access to information shall be specified by statute.

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 solelysolelysolely to protect freedoms and rights of other persons and economic subjects, public order, security or important economic interests of the State.

Article 74

(...)

3. Everyone shall have the right to be informed of the quality of the environment and its protection.

konst Source: The Constitution of the Republic of Poland.

Another important document that regulates the right to access public information is the Access to Public Information Act of September 6, 2001.

In accordance with the provisionsprovisionprovisions of the Act, we consider public information to be any information about public matters that is subject to disclosuredisclosuredisclosure and re‑use, on the terms set out in the aforementionedaforementionedaforementioned Act.

Public authorities and other entities performing public tasks that are in possession of public information are obliged to make it available.

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The implementation of the legal regulations containedto containcontained in the Act should allow every citizen to be convincedto convinceconvinced of the transparency of public authorities at all levels and give the possibility to control the officials. Therefore, basic personal details (name and surname) of the officials to whom we apply for decisions are also disclosedto disclosedisclosed. It is possible to obtain information on how individual deputies and senators voted in particular matters. The voter may reach out to the Sejm or the Senate transcripts and find out, how the representative he voted for fulfills his mandate. The voter can assess the deputy’s or the senator's involvement in parliamentary life and the consistencyconsistencyconsistency of his views with decisions taken during the vote. This is one of the simplest ways to control the authorities.

The basic method of making public information available is the Bulletin of Public Information (BIP) created by the organs of state and local administration.

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Grafika przedstawiająca logotyp biuletynu informacji publicznej, tj. biało-czerwony dymek informacyjny z literami "bip" oraz pełną nazwą obok. Na grafice umieszczono następujące teksty: 1. This is a specially constructed website that meets the requirements of laws and regulations, in particular the Access to Public Information Act. 2. The person indicated by the Act as responsible for fulfilling this duty is the manager of the entity who takes full responsibility for the information provided there. 3. The structure of the home page, as well as the scope and mode of providing information were specified in the regulation of the Minister of Internal Affairs and Administration. 4. Public information is provided by entities performing public tasks and financed from public funds. 5. The Bulletin of Public Information is the basic way to obtain all data regarding the address and scope of rights of public entities. It does not apply to the operation of private enterprises. In the case of private entities, their management decides about what data is published. 6. Entities obliged to run BIP websites: public authorities, organs of economic and professional self-governments, bodies representing state legal entities, bodies representing legal entities of local self-government, entities representing persons or organizational units which are in possession of public property, trade unions and their organizations, political parties. 7. Each entity is obliged to publish information on its BIP website that will serve all visitors, including: contact details, its legal status or legal form, area of activity and competences, bodies and persons exercising functions and their competences, property it owns, operation mode, ways of receiving and settling matters.
What is a BIP?

Another way of obtaining information about the activities of the authorities or administrative bodies is submitting an applicationto submit an applicationsubmitting an application (in verbalverbalverbal or written form) to the appropriate representative of the authority or an official. You can also personally participate in collective meetings or read transcripts from these meetings.

How do you get public information?

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The application The application can be in any form, it can be sent by post, e-mail or taken to the office. It must contain only the necessary information. However, it is worth remembering that when submitting the application, you have to refer to the legal basis. You should also clarify what information you are requesting and how the office should reply (it is best to give your mailing address or an e-mail). Some local government bodies or other public entities have online application forms you can fill in on their websites. A mailing address cannot be requested by any office, if a citizen expects an answer via e-mail., Institution response The provision of information should take place within 14 days of the submission of application by a citizen. In case of justified delays, the citizen should be informed about their causes. The delay must not exceed two months., The refusal The refusal to disclose public information must be justified. The justified causes for refusal to disclose information may be:
– protection of classified information or secrets (of state, professional, fiscal or statistical),
– privacy of an individual or an entrepreneur,
– personal data protection. If the refusal occurred for reasons other than the reasons mentioned above, the citizen has the right to bring an action to a court. If the refusal occurred because of one of the reasons listed above, the citizen may appeal to the second instance and then to the administrative court.

In accordance with the European law, all citizens of member states and all natural or legal persons residing or having their registered officeregistered officeregistered office in a member state have the right of access the documents of the European Parliament, the Council of Europe and the European Commission on the basis of legally bindinglegally bindinglegally binding rules.

It is the duty of each of these institutions to specifyto specifyspecify in their internal regulations the detaileddetaileddetailed procedure regarding access to its documents. This principle, called the principle of transparency, was introduced for the first time under the Maastricht Treaty. Its goals were: strengthening the democratic character and increasing public trust in the administration. As a result of these assumptionsassumptionassumptions, the Commission and the European Council introduced a code of conductcode of conductcode of conduct on access to documents.

Later, under the Treaty of Amsterdam, citizens of the European Union have received access to documents from the Council, the Commission and the European Parliament.

In accordance with the regulation of the European Parliament, the procedure of obtaining information and access to documents was established. The procedure provides that any EU citizen or legal person established in a member state has the right of access to the institution's documents. The procedure of access to public information itself is determined by the national law of member states of the European Union.

Transparency of public life is the basic principle of a democratic state. It allows to control officials, check the legitimacy of their decisions and supports the level of civic initiative. The right to public information, when understood and exercised properlyproperlyproperly, leads to an increase in the level of social capital by increasing confidenceconfidenceconfidence in officials and their decisions. This is very important from the point of view of both the citizen and the state. The participation of citizens in public life and their responsibility for their own activities and the level of local initiatives increases. This way, the civil society, so necessary in democracy, is being built.

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Exercise 1
Decide whether following sentences are false or true. 1. The Bulletin of Public Information is an official publication, available only online. 2. There are no entities obliged to provide public information. 3. There is a strict list of informations that can be published on pages of the Bulletin of Public Information.
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Exercise 2
Ćwiczenie alternatywne: Listen to the abstract recording to review the material and new vocabulary. Explain the meaning of following words: to disclose, to bring an action, refer to the legal basis, to submit an application, social capital, implementing acts, registered office, legally binding. If it's too difficult, use lesson's glossary.

Keywords

right to access public information, Official Journal of Laws, Official Gazette of the Republic of Poland, Access to Public Information Act, Bulletin of Public Information, transparency, social capital

Glossary

implementing acts
implementing acts
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Nagranie słówka: implementing acts

akty wykonawcze

to publicise
to publicise
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Nagranie słówka: to publicise

upubliczniać

to influence
to influence
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Nagranie słówka: to influence

wpływać na

to tend
to tend
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Nagranie słówka: to tend

mieć tendencję

to engage
to engage
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Nagranie słówka: to engage

angażować się, włączać

social capital
social capital
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Nagranie słówka: social capital

kapitał społeczny

contrary to
contrary to
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Nagranie słówka: contrary to

sprzeczny z

solely
solely
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Nagranie słówka: solely

wyłącznie

provision
provision
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Nagranie słówka: provision

zapis, przepis

disclosure
disclosure
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Nagranie słówka: disclosure

ujawnienie

aforementioned
aforementioned
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Nagranie słówka: aforementioned

wyżej wymienionych

indebtedness
indebtedness
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Nagranie słówka: indebtedness

zadłużenie

civil service
civil service
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Nagranie słówka: civil service

służba publiczna

to convince
to convince
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Nagranie słówka: to convince

przekonywać

consistency
consistency
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Nagranie słówka: consistency

spójność

scope
scope
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Nagranie słówka: scope

zakres

mode
mode
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Nagranie słówka: mode

sposób, tryb

to submit an application
to submit an application
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Nagranie słówka: to submit an application

złożyć wniosek

verbal
verbal
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Nagranie słówka: verbal

ustny

to contain
to contain
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Nagranie słówka: to contain

zawierać

refer to the legal basis
refer to the legal basis
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Nagranie słówka: refer to the legal basis

odnieść się do podstawy prawnej, przywołać podstawę prawną

to clarify
to clarify
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Nagranie słówka: to clarify

wyjaśnić

delay
delay
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Nagranie słówka: delay

opóźnienie

to exceed
to exceed
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Nagranie słówka: to exceed

przekraczać

refusal
refusal
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Nagranie słówka: refusal

odmowa

to disclose
to disclose
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Nagranie słówka: to disclose

ujawnić

to bring an action
to bring an action
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Nagranie słówka: to bring an action

wnieść pozew

to appeal
to appeal
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Nagranie słówka: to appeal

odwołać się

registered office
registered office
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Nagranie słówka: registered office

statutowa siedziba

legally binding
legally binding
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Nagranie słówka: legally binding

wiążące prawnie

detailed
detailed
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Nagranie słówka: detailed

szczegółowy

to specify
to specify
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Nagranie słówka: to specify

określić

assumption
assumption
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Nagranie słówka: assumption

założenie

code of conduct
code of conduct
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Nagranie słówka: code of conduct

tryb, kodeks postępowania

properly
properly
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Nagranie słówka: properly

właściwie

confidence
confidence
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Nagranie słówka: confidence

zaufanie, pewność