Key Benefits:
ACT
of 6 September 2001
on access to public information 1)
Chapter 1
General provisions
Article 1. [ Public Information] 1. [ 1] Any information on public matters shall constitute public information within the meaning of the Act and shall be made available and re-used in accordance with the principles and in accordance with the procedure laid down in this Act.
2. [ 2] The provisions of the Act do not violate the provisions of other laws specifying different rules and the mode of access to information that is public information, provided that they do not limit the obligations of the transfer of public information to the central repository the public information referred to in Article 9b ust. 1, hereinafter referred to as the 'central repository'.
3. [ 3] The provisions of the Act on the transfer of public information to the central repository and its making available in this repository do not apply to:
1) the central database of the perpetual accounts referred to in art. 36 3 paragraph 1 of the Act of 6 July 1982. about the perpetual accounts and the hipote (Dz. U. of 2013 r. items 707, of late. zm.),
2) The National Criminal Register, referred to in art. 1 of the Act of 24 May 2000. o National Criminal Register (Dz. U. 2012 r. items 654 and 1514),
3) The National Court Register, referred to in art. 1 of the Act of 20 August 1997. o National Court Register (Dz. U. of 2013 r. items 1203) and the electronic catalogue of company documents referred to in art. 4 par. 2 point 1 of this Act,
4) the register of pledges referred to in art. 36 ust. 1 of the Act of 6 December 1996. about the registered pledge and the register of pledges (Dz. U. 2009 r. Nr 67, pos. 569, No. 69, pos. 595 i Nr 215, poz. 1663).
Article 2. [ Right to public information] 1. Each shall be entitled, subject to Article 4 (1) of 5, the right of access to public information, hereinafter referred to as "the right to public information".
2. From a person exercising the right to public information must not be required to demonstrate the legal or factual interest.
Art 2a. [ Right to reuse information] 1. Each shall be entitled, subject to Article 4 (1) of 5, the right to re-use of public information.
2. The rules for the re-use of public information shall not affect the right of access to public information or the freedom to spread it.
Article 3. [ Permission Range] 1. The right to public information includes the powers to:
1) to obtain the public information, including obtaining information processed in so far as this is particularly relevant to the public interest,
2) inspection of official documents,
3) access to the meetings of the collegiate public authorities coming from the general elections.
2. The right to public information includes the power to immediately obtain public information containing the current knowledge of public matters.
Article 4. [ Entities required to make public information available] 1. The public authorities and other entities carrying out public tasks, in particular, are in force for the provision of public information:
1) the public authorities,
2) the organs of the economic and professional self-governing bodies,
3) entities representing in accordance with the separate provisions of the State Treasury,
4) entities representing state legal persons or legal persons of local government and entities representing other state organizational units or organizational units of local government,
5) entities representing other persons or organizational units that perform public tasks or have public property, and legal entities in which the State Treasury, local or local government units or the have a dominant position within the meaning of the rules on competition and consumer protection.
2. The obligations to make public information available are representative organizations and employers as representative, within the meaning of the Act of 6 July 2001. about the Tripartite Commission for Economic and Social Affairs and provincial committees of social dialogue (Journal of Laws No. 100, item. 1080, with late. zm.), and political parties.
3. The entities referred to in the paragraph shall be required to make public information available to the public. 1 and 2, which are in possession of such information.
Article 5. [ Limitation of the right to public information] 1. The right to public information shall be subject to restriction in the scope and on the principles laid down in the provisions on the protection of classified information and on the protection of other laws protected by law.
1a. (lost power).
2. [ 4] The right to public information is subject to restriction due to the privacy of a natural person or the entrepreneur's secret. This restriction shall not apply to information on public functions which are related to the exercise of those functions, including the conditions for entrusting and exercising functions, and the case where a natural person or an entrepreneur is resident in the the rights they are entitled to.
3. You cannot, subject to the paragraph. 1 and 2, restrict access to information on cases resolved in proceedings before the authorities of the State, in particular in administrative, criminal or civil proceedings, due to the protection of the interest of the party, if the proceedings concern the authorities public or other entities carrying out public tasks or public functions, with regard to those tasks or functions.
4. Restrictions on access to information in the cases referred to in paragraph. 3, they shall not prejudice the right to information on the organisation and work of the bodies conducting the proceedings, in particular the time, mode and place of the proceedings and the order in which cases are dealt with.
Chapter 2
Access to public information
Article 6. [ Providing public information] 1. The public information shall be made available to the public, in particular:
1) internal and foreign policy, including:
a) [ 5] the intentions of the legislative and executive powers,
b) [ 6] design of normative acts,
(c) programmes on the implementation of public tasks, the way in which they are implemented, the implementation and the results of the implementation of those tasks
2) the entities referred to in art. 4 par. 1, including:
(a) legal status or legal form,
(b) organisations,
(c) the activities and competences,
(d) the bodies and persons in which they exercise their functions and their competence,
(e) the ownership structure of the entities referred to in Article 4 par. 1 points 3-5,
(f) the assets at their disposal,
3) the rules of operation of the entities referred to in art. 4 par. 1, including:
(a) the mode of operation of public authorities and their organisational units,
b) the mode of operation of state legal persons and legal persons of local government in the performance of public tasks and their activities within the budgetary and non-budgetary economy,
c) [ 7] the ways in which public acts are constituted;
(d) the ways in which cases are taken and dealt with,
(e) the state of the adopted cases, the order in which they are handled or
(f) kept records, records and archives, and of the means and arrangements for making available the data contained therein,
(g) the recruitment of candidates for vacant posts, to the extent specified in the separate rules,
h) the competition for a higher position in the civil service, to the extent specified in the separate provisions,
4. public data, including:
(a) the content and presentation of official documents, in particular:
-the content of administrative acts and other decisions,
-the documentation of the conduct and effects of the checks and the speeches, positions, conclusions and opinions of the operators involved,
(b) positions in public matters occupied by public authorities and by public officials within the meaning of the provisions of the Penal Code,
(c) the content of other speeches and evaluations carried out by the public authorities,
(d) information on the state of the State, the local authorities and their organisational units,
(5) the public property, including:
(a) the assets of the State Treasury and state legal persons,
(b) other property rights of the State and its debts,
(c) the assets of local government units as well as the professional and economic authorities and the assets of legal persons of local government, as well as the sickness funds,
(d) the assets of the entities referred to in Article 4 par. In accordance with the provisions of Article 4 (1) of the Annex, point 5 shall be taken from the assets referred to in paragraph 1. (a)-(c), and the benefits of that property and its burdens,
(e) the income and losses of the commercial companies in which the entities referred to in point (a)-(c) have a dominant position within the meaning of the provisions of the Code of Commercial Companies, and have those revenues and the manner in which the loss is to be covered;
(f) public debt,
(g) State aid,
(h) public heavyweights.
2. The official document within the meaning of the Act is the content of the statement of will or knowledge, perpetuated and signed in any form by a public officer within the meaning of the provisions of the Penal Code, within the framework of his/her competence, addressed to another entity or a case file.
Article 7. [ Public Information Sharing Mode] 1. The public information shall be made available on the following road:
1) the announcement of public information, including official documents, in the Public Information Bulletin referred to in art. 8,
2) the provision referred to in art. 10 and 11,
3) admission to the meetings of the bodies referred to in art. 3 para. Article 1 (1) (3), and the making available of materials, including audiovisual and telepinformatics, documenting these meetings,
4) [ 8] provisioning in the central repository.
2. Access to public information is free of charge, subject to art. 15.
Article 8. [ Bulletin Of Public Information] 1. The official ICTs shall be established-Public Information Bulletin-in order to make public information publicly available, in the form of a unified system of parties in the ICT network, hereinafter referred to as the 'Information Bulletin' Public '.
2. Public information shall be made available in the Public Information Bulletin by the entities referred to in art. 4 par. 1 and 2.
3. The entities referred to in art. 4 par. 1 and 2, they shall be made available in the Public Information Bulletin of the public information referred to in Article 2. 6 para. 1 point 1-3, point 4 (a) (a) second indent, point (c) and (d) and point 5. The entities referred to in the first sentence may also make other public information available in the Public Information Bulletin.
4. The entities referred to in art. 4 par. 1 and 2, are required to make available in the Public Information Bulletin about how to access public information in their possession and not made available in the Public Information Bulletin.
5. In the case of the exclusion of public disclosure, the Public Information Bulletin shall indicate the scope of the exemption, the legal basis for the exclusion of disclosure and shall indicate the authority or person who has made the exemption, and in the case referred to in art. 5 par. 2, an entity in the interest of which the disclosure was made.
6. The entities providing public information in the Public Information Bulletin shall be obliged to:
(1) the indication of information identifying the entity providing the information,
2) providing in the information data specifying the identity of the person who produced the information or responsible for the content of the information,
3) to include in the information the identity of the person who entered the information in the Public Information Bulletin,
4) indication of the time of manufacture of the information and the time of its release
5) security of the possibility of identifying the actual time available to the information
Article 9. [ List of entities] 1. [ 9] The Minister responsible for informatization shall form the main page of the Public Information Bulletin:
1) containing the list of entities referred to in art. 4 par. 1 and 2, together with the links enabling them to be connected to their parties,
2) providing access to public information and the possibility of its search in the system referred to in paragraph. 4a,
3) providing access to a central repository.
2. [ 10] Entities referred to in Article 4 par. 1 and 2, through the application of the scheme referred to in paragraph 1. 4a, or another ICT system, make up their own pages of the Public Information Bulletin, where they provide information to be made available on this route.
3. The entities referred to in art. 4 par. 1 and 2, shall inform the Minister responsible for computerisation of the information necessary for the insertion on the party referred to in paragraph 1. 1.
4. Minister competent for information and information:
1) collect and make available addresses indicating the pages of the Public Information Bulletin created by the entities referred to in art. 4 par. 1 and 2,
2) collect and make available data on the number of downloads of the pages referred to in point 1,
3) [ 11] Free of charge shall be made available to the system referred to in paragraph 1. 4a.
4a. [ 12] The Centralised Access to Public Information System is a ICT system that allows the creation of the pages of the Public Information Bulletin, referred to in paragraph 1. 2, and the processing of public information, including their searches on the basis of the criteria of the relevant and subjective.
5. The Minister responsible for information shall determine, by means of a regulation:
1. the detailed requirements for the layout of the consolidated system of the pages of the Public Information Bulletin, in particular:
(a) the structure of the main party referred to in paragraph 1. 1,
(b) the standards of the structure of the parties referred to in paragraph 1. 2,
2) the scope and the mode of transmission of the information referred to in paragraph. 3,
3) requirements for securing the content of public information provided in the Public Information Bulletin
-having regard to the efficiency and uniformity of the operation of the Parties to the Public Information Bulletin, and taking into account the need for equal treatment of IT solutions and the need to allow for the exercise of the right to be implemented by the parties. required to transmit software information without the need to incur additional charges for royalties.
Art. 9a. [ Public information provided in the central repository] 1. Public information of particular importance for the development of innovation in the state and the development of information society, which, due to the way of storage and making available, allow for their re-use, in a useful way and effective, they constitute a collection called a 'information resource' and are made available in a central repository.
2. To be transferred, in order to make available in a central repository, the information resource and the metadata that describes its structure, as well as their systematic verification and updating, are required: [ 13]
1. government bodies,
2. customs funds,
3. The Social Insurance Institution,
4) Kasa Rolniczego UInsurance Social,
5) National Health Fund,
6. State research institutes,
7) state legal persons established on the basis of separate laws for the purpose of carrying out public tasks, with the exception of universities, the Polish Academy of Sciences and scientific units within the meaning of the Act of 30 April 2010. on the principles of financing science (Dz. U. Nr 96, pos. 615 and 2011 Nr 84, pos. 455 and No. 185, pos. 1092).
2a. [ 14] The obligation referred to in paragraph 1. 2, may be fulfilled by forwarding:
1) the information resource and the metadata referred to in paragraph. 2,
2) the metadata referred to in paragraph. 2, where an information resource is provided by an entity in a repository that is widely available on a non-central, non-central computer network.
2b. [ 15] The entities mentioned in the provisions adopted on the basis of the paragraph. 3 shall be obliged to adapt:
1) data formats and communication and encryption protocols, enabling machine reading to the rules specified in the provisions issued on the basis of art. 18 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2013 r. items 235),
2) the metadata referred to in paragraph. 2, to the set of metadata elements referred to in the provisions issued on the basis of the paragraph. 3 and art. 9b ust. 6.
3. [ 16] The Minister responsible for computerisation shall determine, by means of a regulation, separately for each of the operators referred to in paragraph 1. 2:
1. the method of implementation of the obligation referred to in paragraph. 2, having regard to the information provided by the entity in question to enable the collection of public information and the provision of public information, as well as the technical feasibility of storing that information in a central repository,
(2) the scope of the information resource, with a view to the particular importance of specific public information for the development of innovation and the information society,
3) additional technical requirements for the development of an information resource and an additional set of metadata elements, other than those specified in the regulations issued on the basis of art. 9b ust. 6, with a view to the coordination of information constituting an information resource, to facilitate the search as specified in the Article. 9b ust. 2, control, long-term storage and management, and the widest possible re-use of public information and machine-readable information,
4. the timetable for transmission of the information resource and the metadata referred to in paragraph 1. 2, and update them with a view to guaranteeing the timeliness of the information.
Article 9b. [ Central repository tasks] [ 17] 1. The Minister responsible for the information technology shall conduct a central repository, widely available on the information and communication network.
2. The central repository shall ensure that the information resources are searched in particular by:
(1) the criterion in question,
(2) the subjective criterion,
3) the elements of the metadata referred to in the provisions issued on the basis of the paragraph. 6 and art. 9a ust. 3.
3. The Minister responsible for computerisation may instruct specialised entities to carry out a central repository, provided that:
1. by these entities:
(a) the accountability and reliability of its conduct,
(b) the integrity, accountability, availability, authenticity and undeniability of the information resources made available to it,
2) the possibility for this Minister to carry out checks on the fulfilment of the conditions referred to in point 1.
4. The Minister responsible for computerisation shall verify the information resources provided and the metadata referred to in art. 9a ust. 2, in terms of meeting the requirements referred to in art. 9a ust. 2b, and the requirements laid down in the provisions issued on the basis of the paragraph. 6 and art. 9a ust. 3.
5. Where the information resource or metadata referred to in art is concerned 9a ust. 2, do not meet the requirements referred to in paragraph. The Minister responsible for computerisation shall invite the person who forwarded them to comply with the requirements without delay.
6. The Council of Ministers shall determine, by way of regulation, the manner of verification referred to in paragraph 1. 4, the way of processing and making available in the central repository of information resources and metadata referred to in art. 9a ust. 2, and the technical standards of conducting a central repository, the minimum set of metadata elements referred to in art. 9a ust. 2, taking into account the principle of technological neutrality, the need to ensure searches, the availability of information to the widest possible group of users, the possibility of using process automation and the need to ensure their usefulness and efficiency.
Article 10. [ Share on request] 1. Public information, which has not been made available in the Public Information Bulletin or the central repository, shall be made available upon request.
2. The public information, which may be immediately made available, shall be made orally or in writing without a written request.
Article 11. [ Forms of public information sharing] Public information may be provided:
(1) by means of the tapping or hanging in places generally available,
2) by the equipment, which are installed in the places referred to in point 1, enabling them to become familiar with this information.
Article 12. [ Determination of information] 1. Public information made available in the manner referred to in art. 10 and 11 shall be identified by the data specifying the entity providing the information, the identity of the person who produced the information or is responsible for the content of the information, the identity of the person who made the information available, and Date of release
2. The subject of public information shall be required to provide:
1) copying public information or printing it
or
2) to transfer public information or to transfer it to an appropriate, widely used media of information.
Article 13. [ Term of provision of information] 1. The provision of public information on request shall be made without undue delay, but not later than within 14 days from the date of submission of the application, subject to the paragraph. 2 and Art. 15 para. 2.
2. If the public information cannot be made available within the period specified in the paragraph. 1, the entity required to make it available shall notify the reasons for the delay within that period and of the time limit for which it will make the information available, not more than 2 months from the date of the request.
Article 14. [ Making public information available on request] 1. Making public information available on request shall be made in the manner and in the form which is in accordance with the request, unless the technical measures available to the entity to be made available do not enable the information to be made available in the manner and in the form specified in the application.
2. If the public information cannot be made available in the manner or in the form specified in the application, the entity required to make available shall inform the applicant in writing of the reasons for the impossibility of making the information available in accordance with the request and indicates how, or in what form, information can be made available immediately. In such a case, if, within 14 days of the notification, the applicant does not request the information to be made available in the manner or in the form indicated in the notification, the handling of the information shall be dismised.
Article 15. [ Charge] 1. If, as a result of the provision of public information on request, referred to in art. 10 para. 1, the entity required to make available is to incur the additional costs associated with the requested means of making available or the necessity to convert the information into the form indicated in the application, the entity may charge the applicant a fee in the amount corresponding to those costs.
2. The subject referred to in paragraph 2. 1, within 14 days from the date of submission of the application, shall notify the applicant of the amount of the fee. Information shall be made available in accordance with the request within 14 days of the date of notification of the applicant, unless the applicant makes a change to the application within that period as to the manner or form of communication of the information or withdraws the request.
Article 16. [ Refusal to provide information] (1) Refusal to make available to the public and to write off the proceedings for the provision of information in the case referred to in art. 14 para. 2 by a public authority shall be followed by a decision.
2. To the decisions referred to in paragraph. 1, the provisions of the Code of Administrative Procedure shall apply, except that:
1) the appeal against the decision shall be recognized within 14 days,
2. the reasons for the decision to refuse to provide information shall also include the names and functions of persons who have taken a busy position in the handling of the information, and the identification of the entities on the grounds of which the goods referred to in Article 4 5 par. 2, a decision was issued to refuse to provide information.
Article 17. [ Application for reconsideration of the case] 1. To the decisions of the entities that are required to provide information, not to public authorities, to refuse to make information available and to discontinue the proceedings for the provision of information to the provisions of the art. 16 shall apply mutatis mutandis.
2. The applicant may apply to the entity referred to in paragraph 1. 1, to reconsider the case. The application shall apply mutatis mutandis to the appeal.
Article 18. [ Meetings of the Collegial organs of the public authority] 1. Meetings of the collegiate public authorities coming from the general elections shall be open and accessible.
2. Meetings of the colleges of auxiliary bodies of the bodies referred to in paragraph. 1, shall be open and accessible, provided that they are such laws or acts adopted on the basis of those laws, or where the subsidiary body so decides.
3. The bodies referred to in paragraph. 1 and 2, there shall be provision for local or technical measures to enable the exercise of the right referred to in Article 3. 3 (3), (3). Where necessary, the audiovisual or teleinformatic transmission of the meetings of the bodies referred to in paragraph shall be ensured. 1.
4. The restriction of access to the meetings of the bodies referred to in paragraph. 1 and 2, for premises or technical reasons, shall not lead to unreasonable access to only selected entities.
Article 19. [ Protocols and stenograms] The authorities referred to in Article 18 (1) 1 and 2, they shall draw up and make available the minutes or transcripts of their deliberations, unless they draw up and make available audiovisual or teleinformatic materials which record fully these deliberations.
Article 20. [ Application of provisions of the Act] The provisions of Article 4 18 and 19 shall apply mutatis mutandis to the general election of the collegiate bodies of the subsidiary bodies of local government units and their collegial subsidiary bodies.
Article 21. [ Consideration of complaints] The provisions of the Act of 30 August 2002 shall apply to the complaints to be dealt with in the proceedings for the provision of public information. -Right of proceedings before administrative courts (Dz. U. No. 153, pos. 1270, of late. zm.), except that:
1) the transfer of the file and the response to the complaint occurs within 15 days from the date of receipt of the complaint,
2) the complaint shall be dealt with within 30 days from the date of receipt of the file together with the response to the complaint.
Article 22. (repealed).
Article 23. [ Penal provisions] Who, contrary to his obligation, does not make public information available, is subject to a fine, punishable by restriction of liberty or imprisonment by the year.
Chapter 2a
Re-use of public information
Art. 23a. [ Entities required to make public information available] 1. Use by natural persons, legal persons and organizational units without the legal personality of the public information or any part of it, held by the entities referred to in the paragraph. 2 and 3, irrespective of the manner in which it is established (in paper, electronic, sound, visual or audiovisual), for commercial or non-commercial purposes, other than its original public use target for which the information has been manufactured, constitutes a re-use of public information and is subject to the principles set out in this Chapter.
2. It is mandatory for making public information available for re-use on the basis and in the mode specified by statute are:
1) President of the Council of Ministers,
2) units of the public finance sector within the meaning of the provisions on public finances,
3) other than those referred to in point 2 of the State organisational units without legal personality,
4. other than those referred to in point 2, legal persons, established for the purpose of meeting needs of a general nature which are not of an industrial or commercial nature, if either individually or jointly with the entities referred to in points 2 and 3, either directly or Indirectly:
(a) finance them in more than 50%, or
(b) have more than half of the shares or shares, or
(c) supervise the supervision of the managing authority, or
(d) they have the right to appoint more than half of the composition of the supervisory or management body,
5. the associations of entities referred to in points 2 to 4
-hereinafter referred to as "obliged entities".
3. the provisions of this Chapter shall not apply to:
1) state archives in the scope of the archival materials at their disposal,
2) public service broadcasting units within the meaning of the Act of 29 December 1992. o Broadcasting and television broadcasting (Dz. U. of 2011 r. Nr 43, pos. 226, of late. zm.), in the field of radio and television broadcasts and other communications,
3. cultural institutions, local cultural institutions or other bodies active in the cultural activities referred to in art. 2 of the Act of 25 October 1991. about the organisation and running of cultural activities (Dz. U. of 2001. No 13, pos. 123, of late. zm.), in the scope of public information constituting the subject of their activities,
4) of the university, the Polish Academy of Sciences or scientific units within the meaning of the Act of 30 April 2010. the rules for the financing of science, in the field of public information for their research and teaching activities,
5) the organisational units of the education system referred to in art. 2 of the Act of 7 September 1991. o system of education (Dz. U. of 2004 Nr 256, pos. 2572, as of late. zm.), in terms of public information serving their educational activities.
4. the provisions of this Chapter shall not apply to:
1) public information, the making available of which has been made conditional on the demonstration of the individual interest (legal or factual) on the basis of separate provisions,
2) the transfer of public information between entities performing public tasks, in order to carry out the tasks defined by the law.
5. The provisions of this Chapter shall be without prejudice to the provisions of other laws specifying different rules for the use of public information, provided that they provide a guarantee of the conduct of the rules arising from this Act.
Article 23b. [ Conditions for re-use of public information] 1. Public information shall be made available for re-use without restriction of conditions and free of charge, subject to the paragraph. 2 and 3 and Article 3 23c.
2. The subject must specify the conditions for re-use of public information relating to:
1) the obligation to inform about the source, the time of manufacture and the acquisition of the public information from the obligated entity,
2) the obligation to further make available to other users the information in the originally acquired form,
3) the obligation to inform about the processing of information re-used,
4) the liability of the obligor for the information provided.
3. The subject shall determine the use of public information which meets the characteristics of the work within the meaning of the Act of 4 February 1994. about copyright law and related rights (Dz. U. 2006 r. No. 90, item. 631, of late. zm.) or constituting a database within the meaning of the Act of 27 July 2001. on the protection of databases (Dz. U. Nr 128, poz. 1402, 2004 Nr 96, pos. 959 and 2007 Nr 99, pos. 662 i Nr 176, pos. 1238), ensuring the possibility of any use of a work or a database, for commercial and non-commercial purposes, the creation and dissemination of a copy of a work or a database, in whole or in fragments, and the introduction of changes and dissemination of dependent works.
4. The entity shall make available the conditions for re-use of the public information in electronic form.
Art. 23c. [ Fee for making public information available] 1. The entity shall be liable to impose a fee for making public information available for re-use on request referred to in art. 23g ust. 2, if the preparation of the information in the manner indicated in the application requires additional costs to be incurred.
2. The payment of the fee referred to in paragraph 2. 1, account shall be taken of the costs of the preparation and transmission of the public information in a specific manner and in a particular form and other factors to be taken into account in the absence of common requests for re-use of public information which may be the impact in particular on the cost or time of preparation and transmission of the information. The total amount of the charge shall not exceed the sum of the costs incurred directly for the preparation and transmission of the public information for re-use in a specified manner and in a particular form.
Art. 23d. [ Providing public information in comparable situations] 1. The entity shall make public information available for re-use in comparable situations under the same conditions.
2. Where the re-use of the public information is carried out by entities carrying out public tasks in the course of activities that go beyond the execution of such tasks, the conditions for re-use of public information, or the fees should be set under the same conditions as for other users.
Art. 23e. [ Prohibition of restrictions on the use of information by other users] 1. Providing public information for re-use shall not restrict the use of this information by other users, unless it is necessary for the proper performance of public tasks.
2. Where the conditions for the re-use of public information provide for the exclusive use of this information, the content of the re-use conditions shall be advertised on the subject matter of the Subject's Public Information Bulletin. Exclusive.
Art. 23f. [ Obligation to use data formats and communication and encryption protocols] 1. The entrusted entities, which provide public information for reuse using the information and communication systems, are required to use the data formats and communication and encryption protocols, enabling reading machinery, as defined in the provisions issued on the basis of art. 18 point 1 of the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. No 64, pos. 565, of late. zm.).
2. The obligors shall not be required to develop, in particular processing, public information for the purpose of re-use and the supply of extracts therefrom, if the need to take disproportionate action is necessary. More than a simple task.
Art. 23g. [ Application for re-use of public information] 1. Reuse of public information shall be carried out by the re-use of public information:
1) provided on the subjective page of the Public Information Bulletin,
2) made available in a manner other than in the Public Information Bulletin,
3) provided in the central repository,
(4) forwarded to the request for re-use of public information.
2. The transfer of public information for the purpose of re-use shall be made upon request, in cases where:
1. the public information has not been made available in the Public Information Bulletin or in a central repository, unless it has been made available in other ways and conditions have been laid down for its re-use, or
2. the applicant intends to use public information on conditions other than that specified for that information.
3. An application for the re-use of public information may be submitted in particular in the form of an electronic document within the meaning of the Act of 17 February 2005. o computerisation of the activities of public entities.
4. In the event of failure to meet the formal conditions of the application, the applicant shall be invited to remedy the deficiencies, together with the instructing that their failure to delete within 7 days from the date of receipt of the call will leave the application without recognition.
5. The application shall be considered without undue delay, but not later than within 20 days from the date of receipt of the application. In cases of particularly complicated matters, the operator may extend the matter for a further 20 days, following a notice to the applicant within 20 days of the receipt of the request.
6. The subject shall inform the Prime Minister of exceeding 1000 requests for re-use of the public information of a given type.
7. The subject must:
1) provide public information for re-use without restriction of the conditions, and in the case of possession of public information by the applicant gives notice of the failure to restrict the conditions of re-use of the public information,
2) present the applicant an offer containing the conditions for the re-use of the public information, as well as the amount of fees for the re-use of the public information in the case referred to in art. 23c (c) 1,
3) refuses, by decision, the re-use of public information.
8. The entity shall refuse to re-use the public information, where:
1. access to public information shall be subject to the restrictions referred to in art. 5, or in the provisions of separate laws,
2. the re-use of the public information infringes the intellectual property rights of third parties.
(9) The operator may refuse to re-use the public information in the situation referred to in Article 9. 23f ust. 2.
10. The applicant who has received the offer referred to in paragraph. 7 point 2, may, within 14 days from the date of receipt of the offer, lodge an objection on the grounds of violation of the provisions of the Act. In the event of opposition, the operator shall, by decision, decide on the conditions for re-use of the public information or of the amount of the fees.
11. The decision to refuse to transfer public information for re-use and to the decision on the conditions for re-use of public information and the amount of the fees apply the provisions of the Code of Administrative Procedure, with That:
1) the appeal against the decision shall be recognized within 14 days,
2) the reasons for the decision to refuse to re-use the public information on the basis of the paragraph. Article 8 (2) contains an indication of the natural person, legal person or business unit without legal personality, which holds the copyright, if known, or the licensor from whom the relevant work was acquired by the entity.
12. To the decisions referred to in paragraph 1. 8-10 the provisions of the Administrative Procedure Code shall apply mutatis mutandis by an entity that is not a body of public authority. The applicant may submit a request for reconsideration of the case to which the provisions on appeals shall apply accordingly.
(13) The Minister responsible for information shall determine, by means of a regulation, a model application for the re-use of public information, including, in particular, information on the way and form of the transfer of public information to the applicant, and also for the purpose and extent of re-use of the public information made available, taking into account the efficiency and transparency of the proceedings.
Art. 23h. [ Insert information on the Subjective Page of the Public Information Bulletin] 1. The entity obliged, which communicates the public information for re-use, shall be included in the subjective page of the Public Information Bulletin:
1) a list of public information available in the central repository for re-use,
2) conditions for re-use of public information, if specified,
3) information on the factors which are taken into account when calculating the charges for unusual requests for re-use of public information,
4) information on the legal remedies available in the event of refusal to provide public information for re-use, determination of conditions for re-use, or the amount of the fee.
2. The subject of the obligation, which provides public information for re-use in a manner other than in the Public Information Bulletin or in a central repository, shall be obliged, together with their release, to indicate possible conditions the re-use referred to in Article 23b ust. 2, as well as information on the factors which are taken into account when calculating the charges for unusual requests for re-use of public information, or a place enabling them to become acquained with them.
3. The subject shall state, at the request of the applicant, information on the rules for calculating the amount of the fee referred to in Article. 23c (c) 1.
4. The lack of relevant information in the menu of the Public Information Bulletin, in the category of "Re-use of public information", is considered to be the consent to re-use of the public information provided without restrictions on conditions.
Art. 23i. [ Application of the provisions of the Act-Right of proceedings before administrative courts] The provisions of the Law of 30 August 2002 shall apply to the complaints to be dealt with in the proceedings for the re-use of public information. -Right of proceedings before administrative courts, except that:
1) the transfer of the file and the response to the complaint occurs within 15 days from the date of receipt of the complaint,
2) the complaint shall be dealt with within 30 days from the date of receipt of the file together with the response to the complaint.
Chapter 3
Provisions for amendment of the provisions in force, transitional and final provisions
Article 24. [ Press law] In the Act of 26 January 1984 -Press law (Dz. U. Nr 5, pos. 24, 1988. Nr 41, pos. 324, of 1989 Nr 34, pos. 187, of 1990 Nr 29, pos. 173, of 1991 No. 100, pos. 442, of 1996. No. 114, item. 542, of 1997 Nr. 88, pos. 554 i Nr 121, poz. 770 and 1999 No. 90, item. 999) is amended as follows:
1. the following Article shall be inserted. The following shall be added:
" Art. 3a. The provisions of the Act of 6 September 2001 apply as regards the right of press access to public information. on access to public information (Dz. U. No 112, pos. 1198). ';
2. in Art. 4:
(a) paragraphs 1 is replaced by the following
" 1. Entrepreneurs and entities not included in the public finance sector and those not acting for profit are required to provide the press with information on their activities, provided that on the basis of separate provisions the information is not covered secret or does not violate the right to privacy. ',
(b) the paragraph is deleted. 2,
(c) in paragraph. 3. 'At the request of the Editor-in-Chief' shall be replaced by 'In the event of refusal of information, at the request of the Editor-in-Chief,'
(d) the paragraph is deleted. 5 and 6;
3) in art. 11 (1) 4.
" 4. The Council of Ministers, by means of a regulation, shall determine the organization and tasks of press advocates at the offices of the government administration bodies. "
Article 25. [ Transitional provisions] 1. For matters of access to public information, not completed on the date of entry into force of the Act final or final decision, the provisions of this Act shall apply.
2. Entities shall be required on the matters referred to in paragraph. 1, within 14 days from the date of entry into force of the Act, make public information available or to issue a decision to refuse to make the information available.
Article 26. [ Entry into force] The Act shall enter into force on 1 January 2002, with the exception of the provision of art. 8 ust. 3, which concerning the imposed obligation to make public information in the Public Information Bulletin in the field referred to in:
1. 6 para. 1 point 1 and point 3 (a) (e) and point 4 (a) (a) second indent, point (c) and (d)-shall enter into force 24 months after the entry into force of the Act,
2. Article 6 para. 1 point 2 and point 3 (a) (a)-(d) and (d) (f)-shall enter into force 18 months after the entry into force of the Act,
3. Article 6 para. 1 point 5-enters into force after 36 months from the date of entry into force of the Act.
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1 ) This Act implements Directive 2003 /98/EC of the European Parliament and of the Council of 17 November 2003. on the re-use of public sector information (Dz. Urz. EU L 345, 31.12.2003, p. 90).
[ 1] On the basis of the judgment of the Constitutional Court of 4 December 2013. (Journal of Laws pos. 1435) art. 1 (1) 1 understood in this way, that it qualifies the data, which is an element of the process of exercising the powers of the President of the Republic specified in art. 144 ust. 3 point 6 of the Constitution of the Republic of Poland, as public information subject to the provision in the Act on access to public information, is not incompatible with art. 144 ust. Article 3 (6), in conjunction with Article 3 ( 122 (1) 1 Constitution of Poland.
[ 2] Article 1 (1) 2 in the version set by the Article. 1 point 1 lit. (a) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 3] Article 1 (1) 3 added by art. 1 point 1 lit. (b) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 4] On the basis of the judgment of the Constitutional Court of 20 March 2006. (Journal of Laws No 49, pos. (358) Art. 5 par. The second sentence shall be in accordance with the Article. 31 par. 3, art. 47 and art. 61 (1) Article 3 of the Constitution of the Republic of Poland and is not incompatible with 61 (1) 4 Constitution of Poland.
[ 5] On the basis of the judgment of the Constitutional Court of 4 December 2013. (Journal of Laws pos. 1435) art. 6 para. 1 point 1 lit. a) understood in such a way that it qualifies the data, which constitute an element of the process of exercising the powers of the President of the Republic referred to in art. 144 ust. 3 point 6 of the Constitution of the Republic of Poland, as public information subject to the provision in the Act on access to public information, is not incompatible with art. 144 ust. Article 3 (6), in conjunction with Article 3 ( 122 (1) 1 Constitution of Poland.
[ 6] On the basis of the judgment of the Constitutional Court of 4 December 2013. (Journal of Laws pos. 1435) art. 6 para. 1 point 1 lit. b) understood in such a way that it qualifies the data, which constitute an element of the process of exercising the powers of the President of the Republic specified in art. 144 ust. 3 point 6 of the Constitution of the Republic of Poland, as public information subject to the provision in the Act on access to public information, is not incompatible with art. 144 ust. Article 3 (6), in conjunction with Article 3 ( 122 (1) 1 Constitution of Poland.
[ 7] On the basis of the judgment of the Constitutional Court of 4 December 2013. (Journal of Laws pos. 1435) art. 6 para. 1 point 3 (a) c) understood in such a way that it qualifies the data, which constitute an element of the process of exercising the powers of the President of the Republic referred to in art. 144 ust. 3 point 6 of the Constitution of the Republic of Poland, as public information subject to the provision in the Act on access to public information, is not incompatible with art. 144 ust. Article 3 (6), in conjunction with Article 3 ( 122 (1) 1 Constitution of Poland.
[ 8] Article 7 (1) 1 point 4 as set out by the Article 1 point 2 of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 9] Article 9 (1) 1 in the wording set by Article 1. 1 point 3 (a) (a) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 10] Article 9 (1) 2 in the version set by the Article. 1 point 3 (a) (a) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 11] Article 9 (1) Point 3, as set out in Article 4 (3), 1 point 3 (a) (b) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 12] Article 9 (1) 4a added by art. 1 point 3 (a) c) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 13] Article 9a (a) 2 in the version set by the Article. 1 point 4 (a) (a) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 14] Article 9a (a) 2a added by art. 1 point 4 (a) (b) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 15] Article 9a (a) 2b added by Article 1 point 4 (a) (b) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 16] Article 9a (a) 3 in the version set by the Article. 1 point 4 (a) c) of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
[ 17] Article 9b as set out by Article 9. 1 point 5 of the Act of 8 November 2013. amending the Act on Access to Public Information (Journal of Laws of the EU 1474). The amendment came into force on 10 March 2014.
