Key Benefits:
ACT
of 6 September 2001
on access to public information
Chapter 1
General provisions
Article 1. [ Public Information] 1. Any information on public matters shall constitute public information within the meaning of the Act and shall be made available on the basis and in the manner prescribed in this Act.
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 a repository of public information referred to in art. 9b ust. 1, hereinafter referred to as the 'central repository'.
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 2016 r. items 790, 996 and 1159);
2) The National Criminal Register, referred to in art. 1 of the Act of 24 May 2000. o National Criminal Register (Dz. U. of 2015 items 1036 and 1629 and from 2016. items 862 and 1579);
3) The National Court Register, referred to in art. 1 of the Act of 20 August 1997. o National Court Register (Dz. U. of 2016 r. items 687, 996 and 1579) and the electronic catalogue of company documents referred to in art. 4 par. 2 (1) of that Law;
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. of 2016 r. items 297 and 1579).
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.
Article 3. [ Permission Range] 1. The right to public information includes the powers to:
1) to obtain 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. bodies of public authority;
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 trade union organizations and employers, representative within the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240), 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. The right to public information shall be subject to restriction due to the privacy of the 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.
2a. The right to public information shall be limited in scope and subject to the rules laid down in the provisions on forced restructuring.
3. You cannot, subject to the paragraph. 1, 2 and 2a, restrict access to information on cases resolved in proceedings before the authorities of the State, in particular in administrative, criminal or civil proceedings, for reasons of protection of the interest of the party, if the proceedings concern 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) the intentions of the legislative and executive powers,
(b) the 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) ways of making public acts,
(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) (repealed)
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,
-the content of the decisions of the general courts, the Supreme Court, the administrative courts, the military courts, the Constitutional Court and the Court of State,
(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 and of the professional and economic authorities and the assets of the legal persons of the local government, and - [ 1] ,
(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 this property and its burdens,
(e) the income and losses of the commercial companies in which the entities referred to in point a-c, they have a dominant position within the meaning of the provisions of the Code of Commercial Companies, and the disposal of those revenues and the way of covering losses,
(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. 1 point 3, and the provision of materials, including audiovisual and teleinformatics, documenting these meetings;
4) making available 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) The second indent, point (a) 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 identification 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 of the data specifying the identity of the person who introduced the information to 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. The Minister of Information and Information 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. The entities referred to in art. 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 provide data on the number of downloads of the pages referred to in point 1;
3. it shall make available free of charge to the system referred to in paragraph 1. 4a.
4a. The Centralised Access to Public Information Access System is a ICT system that allows the creation of 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 the information society, which due to the way of storage and making available allows for their re-use within the meaning of the provisions of the Act of 25 February 2016 o re-use of public sector information (Dz. U. Entry 352), in a useful and effective way, constitute a collection, hereinafter referred to as the "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 resources held and the metadata describing their structure shall be:
1. government bodies;
(2) the special-purpose funds;
(3) The Social Insurance Plant;
4) Kasa Rolniczego UInsurance Social;
5) National Health Fund;
6) (repealed)
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. of 2014 items 1620, of 2015 items 249 and 1268 and from 2016. items 1020 and 1311) other than state-owned research institutes.
2a. The obligation referred to in paragraph 2 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.
The entities referred to in the provisions issued 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 2014 items 1114 and 2016 items 352 and 1579);
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.
2c. The entities mentioned in the provisions issued on the basis of the paragraph. 3 are required to systematically verify and update the information resources and metadata provided in the central repository.
3. The Minister responsible for information shall determine, by means of a regulation, separately for each of the entities referred to in paragraph 1. 2:
1. the way in which the paragraph is referred to in paragraph 1. 2, having regard to the ICT infrastructure in place to enable the collection of public information and the sharing 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) (repealed)
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.
4. The Minister responsible for computerisation in the regulation referred to in paragraph. 3, may specify 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, having regard to:
1) to facilitate the search for an information resource in the manner specified in art. 9b ust. 2;
2) control of the information resource and its long-standing storage and management;
3) the possibility of the widest possible re-use of public information and their machine-readable reading.
Article 9b. [ Central repository tasks] 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) this criterion;
(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 indisputability 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.
Art. 9c. [ Information resources and metadata provided in the central repository] 1. In the central repository, information resources and metadata other than those indicated in the provisions adopted on the basis of art may be made available. 9a ust. 3 or 4, by the entities referred to in Article 4. 4.
2. Information resources and metadata made available in a central repository based on the mouth. 1 shall be systematically verified and updated by the operators providing them.
3. To the entities and information resources referred to in the paragraph. 1 shall apply mutatis mutandis provisions issued on the basis of art. 9b ust. 6.
4. The Minister responsible for information technology may remove information resources from the central repository which are not of particular importance for the development of innovation in the State and the development of the information society.
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 position in the course of the proceedings for the provision of 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 para. 1 point 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. of 2016 r. items 718, 846 and 996), except that:
1) the transfer of the act and the defence shall take place 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 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
(repealed)
Art. 23a. (repealed)
Article 23b. (repealed)
Art. 23c. (repealed)
Art. 23d. (repealed)
Art. 23e. (repealed)
Art. 23f. (repealed)
Art. 23g. (repealed)
Art. 23h. (repealed)
Art. 23i. (repealed)
Chapter 3
Provisions for amendment of the provisions in force, transitional and final provisions
Article 24. (bypassed)
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) The second indent, point (a) c and d-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 lit. f-enters into force after 18 months from the date of 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.
[ 1] At present there are no sick cash registers; the Act of 6 February 1997. about universal health insurance (Journal of Laws of the 153; ost. 1. OJ of 2002 items 2074)-the regulating activity of the sickness funds lost power on the basis of art. 222 of the Act of 23 January 2003. General insurance in the National Health Fund (Journal of Laws of the European Union). 391), which entered into force on 1 April 2003.
