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Freedom of Information Act

Freedom of Information Act. JUDr. Milan VETRÁK. Freedom of Information Act. Act No. 211/2000 Coll. FOI as amended 23 Articles. Compulsory obliged subjects.

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Freedom of Information Act

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  1. Freedom of Information Act JUDr. Milan VETRÁK

  2. Freedom of Information Act • Act No. 211/2000 Coll. FOI as amended • 23 Articles

  3. Compulsory obliged subjects • state administration, municipalities, natural and legal person having powers to decide on rights and obligations of natural or legal persons, legal persons established by state or municipalities

  4. Information • obligatory disclosure • disclosure on request (without any legal or other reason/justification)

  5. Obligatory disclosure • on the web site of the respective authority (except natural persons and villages) • how, where and by which means a person may obtain information + costs and remedies • supportive mechanism in relation to public participation in the legislative process

  6. Obligatory disclosure(legislative process) • Parliament – all draft laws delivered and all laws passed • Government – all laws approved before proceedings in Parliament, all regulations and administrative decisions adopted, all draft laws and other regulations released for inter-institutional comments proceedings • Local level – all regulations governing rights and obligations of natural and legal persons

  7. Disclosure - limits • confidential data • bank secrecy • tax secrecy • personal data protection • commercial secrecy

  8. Commercial secrecy?(exceptions) • info on human health, cultural heritage, biodiversity, ... • environmental pollution • disposal with public finances • state aid

  9. Information on request • in written form, in oral form, by fax, by e-mail • name and address of applicant, what is requested and name of addressee • if request incomplete – 7 days period for completion • if relevant other body – 5 days period for delegation

  10. Information on request • 8 days period for disclosure of information + 8 additional days, if: • info source is placed at long distance • searching and compiling great number of info • if there are proven technical problems • if no reply/disclosure – another 3 days as delivery period for refusal (presumption)

  11. Remedies • right to appeal against decision • review of final decision of administration by independent court • sanctions

  12. Appeal • 15 days period since delivery of refusal • addressee is superior, mayor or minister • decision by appellate body within 15 days – if no reply + 2 days as delivery period for refusal (presumption)

  13. Review by court • regional courts or Supreme court • within 2 months after delivery of administrative decision • 2 months period for lodging of constitutional complaint – Constitutional Court • complaint to European human rights court in Strasbourg (6 months period)

  14. Sanctions • rejection of information request – possible offence (untrue or incomplete information, breach of law) • if proven offence – penalty up to 50 000 Slovak crowns (approx. 1 500 EUR)

  15. Thank YOU for your attention JUDr. Milan Vetrák e-mail: milanvet@orangemail.sk

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