Act No. 106 / 1999 Coll.
Freedom of access to information
Valid
Law
Effective from 01.01.2000
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106
THE LAW
of 11 May 1999
on free access to information
Parliament has decided on this law of the Czech Republic:
This law implements the relevant provisions of the European Union1) and regulates the rules on the provision of information and further regulates the conditions of the right of free access to this information.
Obligation to provide information
(1) National authorities, local authorities and their authorities and public institutions are mandatory bodies under this law.
(2) In addition, compulsory bodies are those entrusted by the law to which decisions on the rights, rights protected interests or obligations of natural or legal persons in the field of public administration are conferred, only to the extent of their decision-making activities.
(3) The Act does not apply to the provision of information on data kept in central account records and in subsequent registers, information which is the subject of industrial property (1a), and other information, provided that special law 1b provides for the provision of such information, in particular the processing of the application, including details of the application and the manner in which the application is submitted, the time limits, remedies and the manner in which the information is provided.
(4) The obligation to provide information shall not concern questions of opinion, future decisions and the creation of new information.
(5) Under this Act, professional self-governing chambers provide only information relating to the performance of the public administration entrusted to them by law.
Public enterprise
(1) The compulsory body is a public undertaking which, for the purposes of this Act, means a legal person who is not a compulsory entity pursuant to Article 2 (1), and
(a) which
1. carries out the relevant activity under the Public Procurement Act (21);
2. acts as a public service provider pursuant to Article 2 of Regulation (EC) No 1370 / 2007 of the European Parliament and of the Council on public passenger transport services by rail and road and repealing Council Regulations (EEC) No 1191 / 69 and (EEC) No 1107 / 70;
3. act as an air carrier fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008 / 2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community; or
4. Acting as the owner of a ship carrying out public service obligations pursuant to Article 4 of Council Regulation (EEC) No 3577 / 92 on the application of the principle of freedom to provide services in maritime transport in the Member States (maritime cabotage), and
(b) in which the compulsory body referred to in Article 2 (1) may exercise, directly or indirectly, a dominant influence on the basis of an interest in that legal person or the rules governing it.
(2) It is considered that the condition of dominant influence is met where the compulsory body referred to in Article 2 (1) directly or indirectly:
(a) holds a majority interest in the subscribed capital of a public undertaking;
(b) has the majority of the voting rights resulting from a holding in a public undertaking; or
(c) may appoint more than half of the members of the administrative, management or supervisory body of a public undertaking.
Provision of competition information
(1) The obligation to provide information does not concern information on the activities of a public undertaking and a public institution which is a commercial company or a national undertaking where such activities
(a) are carried out in the ordinary course of trade within the scope of the activity or business of a public undertaking or a public institution incorporated in a public register; or
(b) have a commercial or industrial character and the provision of information would put the public undertaking or public institution at a disadvantage on the relevant market.
(2) Paragraph 1 shall not apply as regards the activities referred to in Article 2a (1) (a).
Basic concepts
(1) The applicant for the purpose of this Act is any natural or legal person who requests information.
(2) The possibility of remote access for the purpose of this Act is access to the information of an unlimited number of applicants via the electronic communications network or service (2).
(3) For the purposes of this Act, information shall mean any content or part thereof, in any form, recorded on any medium, in particular the content of a written record on the list, an entry stored in electronic form or an audio, visual or audiovisual record.
(4) Information under this Act is not a computer program.
(5) The published information for the purpose of this Act is such information that can always be re-searched and retrieved, in particular issued by the press or on another data medium enabling the entry and retention of information, issued on an official record, with remote access or placed in a library providing public library and information services under the library code 2a).
(6) The accompanying information for the purpose of this Act is such information that is closely related to the information required (for example, information on its existence, origin, number, ground of refusal, period of time for which the ground of refusal is maintained and when it will be reviewed and other important features).
Other terms
(1) For the purposes of this Act, a machine-readable format means a format of a data file with a structure that allows software to easily find, recognise and extract specific information from this data file, including individual data and its internal structure.
(2) For the purposes of this Act, an open format means a format of a data file which is not dependent on specific technical and software equipment and is made available to the public without any restriction which would make it impossible to use the information contained in the data file.
(3) An open formal standard for the purposes of this Act means a rule which has been issued in writing and includes specifications of requirements to ensure the ability of different software to provide services to each other and to cooperate effectively.
(4) For the purposes of this Act, metadata shall mean data describing the context, content and structure of the information recorded and its management over time.
(5) For the purposes of this Act, open data shall mean information published in a way that allows remote access in an open and machine-readable format, the method and purpose of which is not a compulsory body which publishes it, limited and registered in the national catalogue of open data.
(6) Dynamic data for the purposes of this Act means information in electronic form which is subject to continuous real-time update or update, in particular because of their significant variability or rapid ageing.
(7) For the purposes of this Act, the application programming interface shall mean a set of functions and processes enabling the creation of applications that accede to the functions or data of the operating system, database, application or other electronic services.
Provision of information
(1) Compulsory bodies shall provide information upon request or publication.
(2) Where the applicant is a compulsory body, he shall be provided with information under the same conditions as other applicants.
Provision of information on request
(1) Where the information is provided on the basis of an application, it shall be provided under conditions which are objective, proportionate, non-discriminatory, non-exclusive and do not restrict the manner or purpose of subsequent use of the information provided (hereinafter referred to as "standard conditions of use ') and in formats and languages according to the content of the request for information, including the metadata relating thereto, unless otherwise provided for by this Law. The mandatory entity shall not be obliged to change the format or language of the information or to create metadata for information if such change or creation of metadata would be a disproportionate burden on the obliged entity; in this case, the obliged entity shall comply with the request by providing information in the format or language in which it was created. Where the information requested is part of a larger body and its exemption would be a disproportionate burden on the compulsory body, the compulsory body shall provide the whole in accordance with this law. Where possible, taking into account the nature of the request submitted and the manner in which the information is recorded, the compulsory body shall provide the information in electronic form.
(2) Where information is provided on request, it shall be provided in accordance with the content of the application, in particular:
(a) communication of information in electronic or paper form;
(b) providing a copy of the document containing the required information;
(c) by providing a data file containing the required information,
(d) by consultation of a document containing the required information,
(e) sharing data through an application programming interface; or
(f) by allowing remote access to information which is changed, renewed, supplemented or repeated over time or by regular transmission thereof.
(3) Where the method of providing the information referred to in paragraph 2 is not possible or would constitute a disproportionate burden on the obliged entity, the obliged entity shall comply with the application by providing information in another way enabling its effective use by the applicant.
Disclosure of information
The information provided by the publication shall be provided under standard conditions of use and in all formats and languages in which it was created; when such information is published in electronic form, one of these formats shall be open and, if possible, machine readable. Where possible and appropriate, the compulsory body shall publish, together with the information, the metadata relating thereto. The format and metadata shall comply with open formal standards.
Open data records
(1) Compulsory bodies shall record the information required to publish as open data in the national catalogue of open data.
(2) The National Open Data Catalogue is a public administration information system accessible in a way that allows remote access to register information published as open data and other information published in a way that allows remote access, in particular by interfaces for programming applications and product and service information that uses open data and other information. The information contained in the national open data catalogue shall be provided in a way that allows remote access as open data.
(3) The administrator of the national open data catalogue is the Digital and Information Agency.
Publication of information
(1) Each compulsory body must publish the following information in its premises and offices for the purposes of informing the public, in a place which is generally accessible, as well as to enable the acquisition of a copy thereof:
(a) the reason and method for establishing the compulsory body, including the conditions and principles under which it operates;
(b) a description of its organisational structure, the place and manner in which the relevant information can be obtained, where the application or complaint can be lodged, submit a proposal, initiative or other request, or obtain a decision on the rights and obligations of persons;
(c) the place, period and manner in which the appeal against decisions of the compulsory body on the rights and obligations of persons may be lodged, including the express indication of the requirements imposed on the applicant in this context, as well as a description of the procedures and rules to be followed in those activities, and a description of the relevant form and the manner and place where such form may be obtained;
(d) an overview of the most important rules under which the compulsory body acts and decides in particular, which provide for the right to request information and the obligation to provide information and which govern other rights of citizens in relation to the compulsory body, including information where and when those rules are provided for inspection;
(e) the rate of remuneration for the provision of information;
(f) the annual report for the previous calendar year on its information provision activities (Paragraph 18) or the reference to the data published in accordance with the procedure referred to in Article 18 (2) in the central register of annual information reporting ("the Central Register");
(g) exclusive or sublicence (hereinafter referred to as "licence") granted under Paragraph 14b (4),
(h) the decision of the superior body on the amount of the payments made pursuant to Article 16a (7);
(i) the e-mail address of the office.
(2) Mandatory bodies are required to make available at their headquarters in official hours
(a) lists of main documents, in particular conceptual, strategic and programme nature, which may be provided under this Act, including, where appropriate, draft licensing or sublicensing agreements (hereinafter referred to as the "licence agreement") pursuant to Section 14b;
(b) the procedure to be followed by the compulsory body referred to in Article 2 (1) in the handling of submissions or suggestions published by the Ministry of the Interior on the public administration portal in the form of a description of the acts of the public authority and of the acts of an entity which does not act as a public authority in carrying out such acts, which is kept in the basic register of agendas, public authorities, private users of data and certain rights and obligations;
and so that everyone can look at them and get a copy, an extract or a copy.
(3) Within 15 days of the provision of the information at the request of the obliged entity, that information shall be made public in a manner that allows remote access. Information provided in accordance with § 4a (2) (e) and (f), information provided in a non-electronic form, or exceptionally large electronically supplied information, shall be sufficient to publish accompanying information expressing its content. The information provided or accompanying shall be published for at least 6 years.
(4) Obligatory bodies shall also be obliged to publish the information referred to in paragraphs 1 and 2 in a way that allows remote access. This obligation shall not apply to compulsory entities which are only natural persons. In the case of the information referred to in paragraph 1 (b) and (c) and paragraph 2 (b), it is sufficient to fulfil this obligation to refer to a place where such information is already published in a way that allows remote access.
(5) The compulsory body may publish the information referred to in paragraph 1 in other ways and may publish other information, unless otherwise provided by law.
Information published in a way that allows remote access
(1) Obligatory bodies which, under the law, maintain and manage registers, registers, lists or registers containing information which is accessible to everyone under the law (hereinafter referred to as "the register") are required to publish such information in a clear form in a way that allows for remote access.
(2) Compulsory bodies shall publish the information contained in the registers, with the exception of documents from a collection of documents, if they are part of the register, also as open data. According to the first sentence, the name and surname, date of birth with the exception of the year of birth, birth number and address of the place of permanent residence or residence, excluding the name of the municipality, shall not be disclosed; This does not apply where such information is given in registers in connection with business or other similar gainful activities or in connection with the membership of a natural person in a statutory or other body of a legal person or in the exercise of the function of statutory authority or in connection with the status of beneficial owner under a law governing the registration of beneficial owners.
(3) Obligatory bodies publish dynamic data which are not contained in registers and whose provision is not legally restricted in a way that allows remote access, in particular through an interface for programming applications as open data, immediately after their assembly. Where the publication of dynamic data under the first sentence would constitute a disproportionate burden on the obliged entity, it shall publish dynamic data without undue delay in such a way as to avoid undue disruption to their usability.
(4) The public authorities, regional authorities and municipal authorities with extended scope publish metadata of information published in a way that allows remote access to their official boards and metadata of these official plates as open data.
Publication of high-value data sets
The mandatory entity shall publish in machine-readable and open format on standard conditions of use, in particular through the application programming interface, as open data information, the list of which is provided for in the directly applicable European Union Regulation issued pursuant to Article 14 (1) of Directive (EU) 2019 / 1024 of the European Parliament and of the Council. Access and use of high-value data files shall be free of charge, unless the regulation directly applicable according to the first sentence provides otherwise.
Reference to the information published
(1) If the request for information is intended to provide the information disclosed to the public, the compulsory body may, as soon as possible and no later than seven days at the latest, communicate to the applicant, instead of providing the information, information enabling the information to be sought and obtained, in particular a link to the website where the information is located.
(2) Where the applicant insists on providing directly published information, the compulsory body shall provide it; This shall not apply if the request for information has been made electronically and if the requested information is made public in a way that allows remote access and a link to the website where the information is located has been communicated to the applicant.
Protection of classified information
Where the required information is identified in accordance with legal provisions (4) as classified information to which the applicant does not have legitimate access, the compulsory body shall not provide it. The competent body shall also not provide personal data concerning a person holding a certificate of access to classified classified information of a Top Secret and Secret if this could jeopardise the protection of classified information.
(1) Information relating to personality, manifestations of a personal nature, privacy of a natural person and personal data shall be provided by the compulsory body only in accordance with the legislation governing their protection4a).
(2) The compulsory body shall provide personal data relating to a public person, officials or servants of the public administration, indicating their public or official activities or their functional or professional classification.
Beneficiaries of public funds
(1) The compulsory body shall provide basic personal data 4b) on the person to whom it has provided public funds.
(2) The provisions of paragraph 1 shall not apply to the provision of public funds under social law, the provision of health services, physical unemployment insurance, State aid for building savings and State aid for the restoration of the territories (4c).
(3) The basic personal data referred to in paragraph 1 shall be provided only to the following extent: first name, surname, year of birth, municipality where the beneficiary is resident, amount, purpose and conditions of the public funds provided.
Information on natural persons' income
(1) The compulsory body shall provide information on the amount of income of a person who has provided or provides public funds having the character of income from dependent activities or functional benefits under the Income Tax Act.
(a) as:
1. to a public office subject to or subject to obligations under the conflict of interest law,
2. Advisers to the President of the Republic, a member of the Government, a Deputy Member of the Government or a Head of a Central Administrative Office not headed by a member of the Government; or
3rd member of his statutory, management, supervisory or supervisory body; or
(b) where the applicant demonstrates a public interest in providing information on the level of income of that person and the public interest in the individual case outweighs the interest in protecting that information.
(2) Information on the amount of income referred to in paragraph 1 shall be provided to the extent of the name, surname, functional, work or other similar classification and the amount of public funds to which the claim has been made, before tax and other compulsory contributions for the period according to the content of the application. Paragraph 5 (3) shall not apply when providing information under the first sentence.
Protection of business secrets
(1) Where the required information is a business secret (6), the compulsory body shall not provide it.
(2) The provision of information relating to the use of public funds shall not constitute a breach of commercial secrecy in the provision of information on the scope and recipients of such information.
Protection of confidentiality of property regimes
Information on property ratios of a person who is not a compulsory entity, obtained under tax, tax, pension or health insurance laws, or social security (8), shall not be provided by the compulsory entity under this law.
Further restrictions on the right to information
(1) A compulsory body may restrict the provision of information where:
(a) it relates exclusively to internal instructions and staff regulations of the compulsory body;
(b) it is new information arising from the preparation of the decision of the compulsory body, unless otherwise provided by law; this applies only until the preparation is completed by decision,
(c) the information provided by the North Atlantic Treaty Organisation or by the European Union, which is protected by the designation "NATO UNCLASSIFIED" or "LIMITE" in the interests of State security, public security or the protection of third parties' rights by those agents, and in the Czech Republic, that designation is respected for the purposes of fulfilling the obligations arising for the Czech Republic from its membership of the North Atlantic Treaty Organisation or the European Union, unless the originator has given consent (8a);
(d) its provision significantly or directly endangers the effectiveness of a security measure established under a special regulation for the purpose of protecting the safety of persons, property and public policy or preparedness for and addressing crisis situations;
(e) its provision significantly or directly endangers the performance of foreign service in the protection of the interests of the Czech Republic and its citizens abroad (20); or
(f) it has been created or acquired directly in connection with judicial, arbitral, administrative or similar proceedings, including before its initiation, and its provision may jeopardise the equality of the parties to the proceedings.
(2) The compulsory body shall not provide information where:
(a) it is information generated without the use of public funds which has been transmitted by a person to whom such an obligation is not imposed by the law, unless it has indicated that it agrees to provide the information;
(b) it publishes it on the basis of the Special Law No 9) and in predetermined regular periods up to the next period;
(c) the protection of third parties' rights with regard to the subject matter of copyright or copyright law (hereinafter "copyright law") 2b would be infringed;
(d) information relating to the stability of the financial system18); or
(e) information provided by a Member State of the North Atlantic Treaty Organisation, the European Union or any other State with which the Czech Republic is cooperating in the exchange of information in the field of defence in that State protected in the interests of defence, protected in the Czech Republic under the conditions laid down in a specific legislation by the term "LIMITED ACCESS" 23), unless the originator State has given its consent.
(3) Information acquired by a compulsory body from a third party in carrying out tasks under a control, supervisory, supervisory or similar activity carried out under a special legislature11) under which it is subject to an obligation of confidentiality or other procedure protecting it from publication or misuse shall not be provided. The compulsory body shall provide only the information which its activities have generated in the performance of these tasks.
(4) In addition, mandatory bodies shall not provide information on:
(a) pending criminal proceedings, or concerning criminal proceedings, where such provision would jeopardise or undermine the purpose of criminal proceedings, in particular ensuring the right to a fair trial;
(b) the decision-making activities of the courts with the exception of judgments;
(c) the performance of the tasks of the intelligence services, 12) or of the activities of the intelligence services where the provision of such information would jeopardise the performance of their tasks or the protection of classified information;
(d) the preparation, conduct and discussion of the results of the checks carried out by the authorities of the Supreme Audit Office;
(e) the activities of the Financial Analysis Office under the Law on certain measures against the legalisation of proceeds from crime and terrorist financing or under the Act on the implementation of international sanctions;
(f) activities of the Czech National Bank in connection with the management of central account records.
The provisions of the Special Laws 13) on the provision of information in those areas are not affected.
(5) The compulsory body does not provide information which is the subject of copyright protection (2b) if it is in possession of:
(a) broadcasters operating such broadcasts pursuant to special legislation13a);
(b) schools and school establishments which form part of the education system under the Education Act 13b) and under the Higher Education Act 13c);
(c) the Academy of Sciences of the Czech Republic and other public institutions which are beneficiaries or co-beneficiaries of public funding for research and development under the Law on Research and Development (13d); or
(d) cultural institutions managing public funds, such as thetheatres, orchestras and other artistic ensembles, with the exception of libraries providing public library and information services under the Library Act 2a) and museums and galleries providing standardised public services19).
This is without prejudice to the provision of such information in accordance with specific provisions.
(6) The compulsory body does not provide information
(a) on the activities of law enforcement authorities or security corps relating to the prevention, detection, detection or prosecution of criminal activities or the protection of the security of persons, property and public order, where such provision would jeopardise the rights of third parties or the ability of public authorities to prevent crime, seek or detect crime, prosecute crimes or ensure the public order and security of the Czech Republic;
(b) on the activities of the provider of the essential service or critical infrastructure entity under the Critical Infrastructure Act or on measures to ensure or enhance the resilience of the critical infrastructure body, if the provision thereof would be
1. jeopardise the rights of such or other persons;
2. jeopardise the provision of the basic service by a critical infrastructure entity; or
3. Endangered the resilience of the critical infrastructure entity.
(1) A compulsory body may refuse an application, or part thereof, within seven days of the date of its adoption, provided that it can be concluded, in relation to it, that the aim of the applicant is to cause:
(a) pressure on the natural person to whom the requested information relates, unless the information referred to in Article 8a (2) is concerned; or
(b) the undue burden on the obliged entity; the submission of requests for information by a larger number of obliged entities without a clear context of the information required shall also be considered as causing undue burdens;
in response, as a general rule, to the previous procedure of the compulsory body towards the applicant or to the relationship with the natural person referred to in point (a).
(2) The extent of the information requested or the number of applications submitted is not without further justification for rejecting the application referred to in paragraph 1.
A compulsory body may refuse a request for information if it does not have the information required and if it is not legally obliged to do so; This shall not apply where the required information can be obtained by the obliged entity on the basis of simple operations from other information to be provided by the obliged entity in accordance with the procedure laid down in § 4a (1) third sentence.
Conditions of restriction
All restrictions on the right to information shall be implemented by the compulsory body by providing the required information, including accompanying information, after the exclusion of the information for which the law provides. The right to refuse information shall be valid only for a period of time for which the reason for the refusal persists. In justified cases, the compulsory body shall verify whether the ground of refusal persists.
Request for information
(1) The request for information shall be made orally or in writing, including through an electronic communications network or service.
(2) If information is not provided to the applicant at the oral request or if the applicant does not consider that the information provided at the oral request is sufficient, the application shall be made in writing.
(3) Paragraphs 14 to 16a and 18 apply only to requests made in writing.
Procedure for submitting and handling written requests for information
(1) The application shall be submitted on the date on which it was received by the compulsory body.
(2) It must be clear from the application which body it is addressed to and that the applicant seeks information within the meaning of this Act. The natural person shall indicate in the application the name, surname, date of birth, address of the place of permanent residence or, if he is not registered for permanent residence, address of residence and address of service, different from the place of permanent residence or residence. The legal person shall indicate the name, identification number, address of the registered office and address for delivery, if different from the registered office. The delivery address shall also mean the electronic address.
(3) Where an application is made electronically, it shall be submitted via the electronic address of the administration office of the compulsory body, if the compulsory body has established it. If the mailroom's electronic addresses are not published, the submission to any electronic address of the compulsory body shall suffice.
(4) Where the application does not contain the particulars referred to in paragraph 2, the first sentence and the address for service, or where an electronic application is not made pursuant to paragraph 3, it shall not be an application within the meaning of this Law.
(5) The compulsory body will assess the application and:
(a) where the lack of information on the applicant under paragraph 2 prevents the processing of a request for information under this law, in particular pursuant to Article 14b or 15, it shall invite the applicant to complete the request within 7 days of the date on which the application is submitted; if the applicant does not comply with this call within 30 days of its receipt, the application shall be postponed;
(b) where the application is incomprehensible, it is not clear which information is requested or is formulated too generally, it shall invite the applicant within seven days of the submission of the application to specify the application, unless the applicant has, within 30 days of receipt of the request, decided to reject the application,
(c) where the requested information does not relate to its scope, it shall postpone the application and communicate that reasoned fact to the applicant within 7 days of receipt of the request,
(d) if it does not decide in accordance with Paragraph 15, it shall provide the information in accordance with the request within 15 days of the date of receipt of the request or of its addition or specification; where a licence is required under Paragraph 14b, it shall submit to the applicant a final licence offer within that period.
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Regulation Information
| Citation | Act No. 106 / 1999 Coll., on Free Access to Information |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.1999 |
|---|---|
| Effective from | 01.01.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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