COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION

logo novi


COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION



logo novi

COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE AND PERSONAL DATA PROTECTION

From the aspect of implementation of this Law, whether a certain authority was in charge of producing a document is not the key issue. The very fact that a public authority holds a document in connection with its operation implies an obligation for that authority to provide access to that document when requested.

The issue of providing access to a document in possession of one public authority and drawn up by another public authority can be relevant if the creator of the document marked it as confidential or secret; in such cases, it is logical that the creator should remove any confidentiality marks and make the document available if the reasons for denying access, as set out in the Law, are not met.

The Commissioner understands difficulties which have some governmemt bodies because of the volume of required documents and because of the limited human and other resources available for processing the requests. These problems can to a certain extent be alleviated by efficient and effective compliance with the provisions of the Law. However, please note that the Commissioner cannot influence the choice of the addressee made by the information seeker in the event that a certain piece of information or a certain document is available to more than one authority. In this regard, the Commissioner can only continue calling on all public authorities to abide by the Law or to take the consequences set out in the Law, without any exceptions.

The answer is contained in the letter sent to a government body, no. 011-00-23/2006-03 of 20.06.2006.)