Conflict between the right to public information and the protection of the right to privacy with respect to public officials
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Keywords

public information, public functionary, right to privacy, limits of the right to information, public official, public administration

Abstract

The purpose of the paper was to tracing the body of jurisprudence to the related to the
limits of protection of the private life of persons holding public office. A catalog of reasons
for restrictions is listed in the Law on Access to Public Information. However, it is an open
scope, so the courts, as a result of their analysis of the circumstances of a particular case,
are authorized to consider whether, due to the need to protect freedoms and rights, public
order, security or important economic interests of the state, there is a necessity to deny
access to information. One of the reasons for restricting access to information is the statutory
circumstance of protecting the privacy of a person performing public functions, to the extent
not related to the performance of such functions, and excluding the case where such a person
himself waives this right. However, due to the non-existence of a definition of such an entity
in common law to date, the courts are trying to clarify the meaning on their own when making
judgments for a given case. The difficulty of decoding this imprecise concept in practice raises
the risk of discrepancies in jurisprudence for relatively identical facts.

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