The right to access public information
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 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.
As citizens of a democratic state we have the right to 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 acts (regulations) issued by members of the Council of Ministers are also public. These documents are publicisedpublicised 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 tendtend to engageengage more in the decision‑making process. This way, social 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 PolandArticle 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 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 solelysolely 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.
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 provisionsprovisions of the Act, we consider public information to be any information about public matters that is subject to disclosuredisclosure and re‑use, on the terms set out in the aforementionedaforementioned Act.
Public authorities and other entities performing public tasks that are in possession of public information are obliged to make it available.
![Infografika zatytułowana "What information is published in BIP?". Jej treść jest następująca: The level of income and possible state of indebtedness. The manner and order of settling cases. The manner of establishing and exercising rights. Information on job offers in the public authorities bodies, specifying the scope of competences of potential candidates and how to apply for employment. Rules of the competition for higher posts in the civil service.](https://static.zpe.gov.pl/portal/f/res-minimized/R1aIQDHhkUdeT/2/2D52auFSvAWLcWMwSJpKvZAoYQXAYLnv.png)
The implementation of the legal regulations containedcontained in the Act should allow every citizen to be convincedconvinced 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 discloseddisclosed. 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 consistencyconsistency 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.
Another way of obtaining information about the activities of the authorities or administrative bodies is submitting an applicationsubmitting an application (in verbalverbal 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?
– 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.
How do you get public information?
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 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 binding rules.
It is the duty of each of these institutions to specifyspecify in their internal regulations the detaileddetailed 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 assumptionsassumptions, the Commission and the European Council introduced a code 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 properlyproperly, leads to an increase in the level of social capital by increasing confidenceconfidence 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.
Fill in the gaps with appropriate expressions.
online, statutes, access, legal basis, publication, websites, scope, person
The Bulletin of Public Information is an official ......................, available only ......................, serving the right to ...................... public information. Entities obliged to provide public information create on their ...................... special pages of the Bulletin of Public Information and publish the information indicated in the ....................... They can also publish other public information of their choice. In case of excluding some public information, the Bulletin specifies the ...................... of the exclusion of publicity and the ......................, and indicates the authority or person who excluded it. The published information should contain data specifying the identity of the ...................... who created the information or is responsible for its content.
Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise. Match the pairs: English and Polish words.
odnieść się do podstawy prawnej, przywołać podstawę prawną, ujawnić, wiążące prawnie, statutowa siedziba, akty wykonawcze, złożyć wniosek, wnieść pozew, kapitał społeczny
to disclose | |
to bring an action | |
refer to the legal basis | |
to submit an application | |
social capital | |
implementing acts | |
registered office | |
legally binding |
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
akty wykonawcze
upubliczniać
wpływać na
mieć tendencję
angażować się, włączać
kapitał społeczny
sprzeczny z
wyłącznie
zapis, przepis
ujawnienie
wyżej wymienionych
zadłużenie
służba publiczna
przekonywać
spójność
zakres
sposób, tryb
złożyć wniosek
ustny
zawierać
odnieść się do podstawy prawnej, przywołać podstawę prawną
wyjaśnić
opóźnienie
przekraczać
odmowa
ujawnić
wnieść pozew
odwołać się
statutowa siedziba
wiążące prawnie
szczegółowy
określić
założenie
tryb, kodeks postępowania
właściwie
zaufanie, pewność