You can seek access to restricted information held by state institutions, but only if you need it for a specific purpose.
Restricted information
Restricted information is intended for a limited number of persons who use it to perform their duties and normally only they receive access to it. Disclosure of such information can impair the functioning of state institutions or harm the rights of other persons.
Limited access to certain information can be prescribed by:
- law
For example, information concerning the private life of an individual, confidential information concerning criminal investigations or documents on state security marked as classified.
- head of the state institution
In this case the head of the institution should explain that there is a need to limit access to the information. Heads of state institutions can only restrict access to information until it is needed but not for longer than five years. This deadline can be prolonged by another period of 5 years if the reason behind restricting this information still stands.
Request
In order to gain access to restricted information to which you have a right of access or which contains personal data about you or a third person, you will need to provide identification to confirm your right to this information. In order to gain access to other restricted information you will need to provide the basis and purpose for accessing such information when making your request.
Time
If your request for information does not require additional activities from the institution, it should provide the information within 5 working days from the day after the request was registered. If the request for information requires additional action by the institution, the information should be provided within 15 working days and the person requesting the information should be informed of the delay.
Fees
If the information that you are interested in is ready and available and does not require the collection of any additional data by the authorities, it should be provided free of charge. However, the state may require you to cover the fees necessary to find or copy the information you are looking for. Such fees should not exceed the costs of collecting the information.
Refusal & Explanation
State institutions can partly or fully deny you access to restricted information. This may, for example, be done to protect the rights of other persons or other important interests. However, in such a case they must issue a written decision where it indicates:
- the motivation, indicating the reasons for denying access to the information requested
- the legal basis for such refusal, including a reference to a law or government regulation
- the procedure and time-limits for appeal if you disagree with this decision
Criteria
Whenever a state institution or a court considers whether access to information should be granted or denied, they must balance your rights and interests with other interests protected by the concealment of the information. Therefore, they must evaluate:
- the public importance of the information you would like to receive
- your purpose and reasons for requesting the information
- the potential harm that could be done to the rights of other persons or other important interests if the information is disclosed
example State authorities may provide an environmental NGO access to general information about a planned wind power park, but might refuse to provide access to technical information in the interest of protecting industrial secrets. However, an absolute denial of access to information in this case would clearly be disproportional.
How to complain
Read more about how to complain where you have been denied access to restricted information.