Published: 2020-11-26

One more Remark on the Concept of Public Information

Małgorzata Jaśkowska
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2020.20.3.08

Abstract

As the formulations of “public information” presented in the publications and in the jurisdiction show, in Polish law there are two different ways in which the concept may be understood on the grounds of Ustawa o dostępie do informacji publicznej (the Access to Public Information Act). The first sense of the concept pertains to rights and is applicable to public bodies and their activities in a broad sense of the term, no matter  which public body is involved and who has created the information. The second is the subjective sense and refers to the concept of public information as defined in Art. 1 Part 1 of the Act, in which it applies only to matters concerning a group or community, not information generated by private individuals.

This article presents the arguments for the concept of public information in the sense of a right. These arguments are derived from international and EU standards, which say that the right to information comes from natural law and is one of the fundamental human rights. Other reasons may be derived from the standards embedded in the Polish Constitution, which show that the right to public information is a freedom. This implies that there should be a broad scope to cover the types of information that come under this right. Another point in favour of this understanding of “public information” is the systemic and teleological interpretation of the Act. The subjective sense could lead to a restriction of the transparency of public affairs and infringe the applicable standards.

Keywords:

public information; international standards; EU standards; constitutional standards; teleological interpretation.

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Jaśkowska, M. (2020). One more Remark on the Concept of Public Information. Zeszyty Prawnicze, 20(3), 205–236. https://doi.org/10.21697/zp.2020.20.3.08

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