Access to public information in the context of abuse of the right to public information
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Keywords

public information, access to public information, restrictions on access to public information, abuse of the right of access to public information

Abstract

The paper indicates what is and what is the access to public information. The view of the
doctrine and jurisprudence of the objective scope of the Act on Access to Public Information
was discussed, hereinafter referred to as the u.d.i.p. The subject-object criteria that must
be met by public information were analyzed - the analysis was made in the context of the
regulations contained in the Constitution of the Republic of Poland and in the jurisprudence
of the Supreme Administrative Court, hereinafter referred to as the Supreme Administrative
Court and Voivodeship Administrative Courts, hereinafter referred to as the Voivodship
Administrative Court. The issue of the limitation in the scope of providing public information
was discussed (Article 5 of the Act on Public Information Act)
The next part of the paper presents practical issues and problems faced by entities - applicants
and authorities obliged to disclose public information. The issue of the widely challenged
inaction of the public administration body was raised to the voivodeship administrative courts.
The most common problems arising from the analysis of such complaints are presented.
Problems concerning the abuse of the right of access to public information by the parties were
considered. The analysis was made on the basis of court-administrative jurisprudence, but
also on the content of pleadings submitted by the parties to court proceedings. The problem
of more and more frequent lodging of complaints by a large group of applicants regarding
the same category of judgments to many courts in Poland was pointed out. The analysis was
made on the basis of the Central Database of Decisions and Information on Cases and on this
basis the scale of abuse of the right to public information was explained.
In the last part of the paper, the issue of the benefit of the possibility of exercising the right
of access to public information in the context of the possibility of abuse of this right was
presented.

pdf (Język Polski)
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