Topic: The right to access public information

Author: Anna Rabiega

Addressee:

high school / technical school student

Core curriculum:

• old curriculum:

standard level:

1. A young citizen at an office.

The student:

4) obtains public information on a given subject at an appropriate office.

• new curriculum:

standard level:

V. Law in the Republic of Poland

The student:

13) explains, how the documents gathered in various offices and archives may be used in the Republic of Poland (including especially the e‑government), and what issues may be settled in such a way; writes an application to request for public information.

extended level:

IX. Government in the Republic of Poland

The student:

4) finds and analyzes information on the revenue and expenditure of his own commune and poviat.

The general aim of education:

The student presents the functioning of the political system in the Republic of Poland.

Learning outcomes:

The student:

• analyzes the legal basis for the right to access public information.

• explains where to find public information and presents the procedure for accessing public information.

• explains the importance of the right to access public information in a democratic state.

Key competences:

• communicating in a foreign language,

• digital competence,

• learning to learn,

• social and civic competences.

Teaching methods:

• discussion,

• WebQuest,

• teaching conversation using interactive exercises.

Forms of work:

• self‑learning,

• group work,

• whole‑class activity.

Material & equipment needed:

• computers with loudspeakers/headphones and internet access,

• multimedia resources from the e‑textbook,

• interactive whiteboard/blackboard, felt‑tip pen/a piece of chalk.

Lesson plan overview (Process):

Introduction:

1. The teacher presents the goal of the lesson: You will find out, what the right to access public information consists in and how it is implemented in Poland.

2. The teacher asks the students, where they gain their knowledge about the functioning of public authorities. He writes down the students’ suggestion on the board and asks the students to assess, which of the listed sources are most reliable. If the students decide they cannot be sure about any of the sources they have mentioned, the teacher asks them, how they could confirm the information on the functioning of the public authorities. The teacher may ask leading questions to have the students come up with the idea of the Bulletin of Public Information, e.g. are there any ways to obtain public information directly from the public organ it concerns?

Implementation:

1. The teacher asks a willing/selected student to read article 61 and 74 of the Constitution of the Republic of Poland included in the abstract (the teacher can also play the recording). He initiates a short discussion on the meaning of the right to access public information in a democratic state. The students present their arguments, and the teacher corrects or supplements them, if necessary. At the end of the discussion the teacher asks a willing/selected students to sum it up.

2. The teacher asks the students to count to 5 and remember their numbers. He informs them that the will be using the WebQuest method to analyze, how the right to access public information is implemented in Poland. The teacher asks the students to join groups according to their number and assigns tasks each of the groups should carry out:

• group of students with number 1 will look for information on what entities are legally obliged to publish in the Bulletin of Public Information,

• group of students with number 2 will look for information on what the public information published in the Bulletin concerns,

• group of students with number 3 will work out a roadmap for applying for public information, which has not been published in the Bulletin,

• group of students with number 4 will search for cases in which citizens have requested public information - What were these cases about? How did it end up?,

• group of students with number 5 will establish what are the ways Polish citizens can obtain public information on the functioning of the EU organs.

The task of the students is to look for appropriate information online and create a common note on the subject assigned to the group. The teacher sets the time to complete the task and monitors its course (assists the students in finding the information and writing concise but informative notes).

3. At the next stage of the activity the students join in groups of numbers 1 to 5 and report to the other members of their group what they found out during the WebQuest phase. This way all the students learn about the implementation of the right to access public information in Poland.

To consolidate the information gained during the group work, the teacher may use material from the abstract “What information is published in BIP?, “What is a BIP?”, “How do you get public information?”. The teacher displays the infographics on the interactive board and asks willing/selected students to briefly present the information contained therein.

4. The teacher asks the students to do Exercise 1. Willing/selected students present their answers and together with the class and the teacher verify their correctness.

Summary:

1. At the end of the class the teacher asks students a question: What do you think you would have to learn about the right to access public information in order to be satisfied with your knowledge and skills?

Willing/selected students give their answers.

2. Homework proposal:

a. Look for the information on the functioning of Transparency International online. Write, what the goals of the organisation are and what connection between the organisation and the right to access public information you see.

b. Listen to the abstract recording to review the material and new vocabulary. Then do the vocabulary exercise at the end of the chapter.

The following terms and recordings will be used during this lesson

Terms

Texts and recordings

The right to access public information

As citizens of a democratic state we have the right to influence 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 acts (regulations) issued by members of the Council of Ministers are also public. These documents are publicised 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 tend to engage more in the decision‑making process. This way, social 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.

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 provisions of the Act, we consider public information to be any information about public matters that is subject to disclosure and re‑use, on the terms set out in the aforementioned Act.

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

The implementation of the legal regulations contained in the Act should allow every citizen to be convinced 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 disclosed. 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 consistency 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 application (in verbal 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?

In accordance with the European law, all citizens of member states and all natural or legal persons residing or having their registered 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 binding rules.

It is the duty of each of these institutions to specify in their internal regulations the detailed 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 assumptions, the Commission and the European Council introduced a code 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 properly, leads to an increase in the level of social capital by increasing confidence 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.