Full text of Act No. 176 / 2006 Coll.
Full text of Act No. 106 / 1999 Coll., on Free Access to Information, as resulting from subsequent amendments
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176
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 106 / 1999 Coll., on Free Access to Information, as is apparent from the amendments made by Act No. 101 / 2000 Coll., Act No. 159 / 2000 Coll., Act No. 39 / 2001 Coll., Act No. 413 / 2005 Coll. and Act No. 61 / 2006 Coll.
THE LAW
on free access to information
Parliament has decided on this law of the Czech Republic:
This law implements the relevant European CommunityRegulation (1) and regulates the rules for the provision of information and further regulates the conditions for the right of free access to that 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 which is the subject of industrial property (1a) and other information, provided that special law 1b (b) provides for the provision of such information, in particular the processing of an application, including the formalities and manner in which the application is submitted, the time limits, remedies and the provision of information.
(4) The obligation to provide information shall not concern questions of opinion, future decisions and the creation of new information.
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).
Provision of information
(1) Compulsory bodies shall provide information to the applicant upon request or publication.
(2) The information provided by publication shall be provided in all formats and languages in which it is produced. Where such information is published in electronic form, it shall also be published in a format the specification of which is freely available and the use of which is not restricted by the user.
(3) Where the information is provided on request, it shall be provided in formats and languages according to the content of the request for information, unless otherwise provided by this law. Compulsory bodies shall not be obliged to change the format or language of the information if such a change would be a disproportionate burden on the compulsory body; in this case, the obliged entity shall comply with the request by providing information in the format or language in which it was created.
(4) 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.
(5) Where possible, taking into account the nature of the request submitted and the way in which the information is recorded, obliged entities shall provide information in electronic form.
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) the procedure to be followed by the compulsory body in the handling of all applications, proposals and other requests by citizens, including the relevant deadlines to be followed;
(e) 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 on where and when those rules are provided for consultation,
(f) the rate of payment for information,
(g) the annual report for the previous calendar year on its information activities (Paragraph 18);
(h) exclusive licences granted under Paragraph 14a (4);
(i) a resolution by the superior body on the amount of the payments made pursuant to Paragraph 16a (7);
(j) the address of the electronic mail office.
(2) Mandatory bodies are required to make available at their headquarters in official hours
(a) legislation issued under their jurisdiction;
(b) lists of the main documents, in particular conceptual, strategic and programme nature, which may be provided under this Act, including, where appropriate, draft licensing agreements 2b) pursuant to Paragraph 14a;
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 a non-electronic form or exceptionally large electronically provided information shall be sufficient to publish accompanying information expressing its content.
(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 point (a) of paragraph 2, it shall be sufficient to fulfil that obligation to refer to a place where that information is already published in a way that allows remote access. The structure of the information disclosed shall be laid down in the implementing legislation.
(5) Compulsory bodies which maintain and manage registers, registers, lists or registers containing information which is accessible to each person under a special law are required to publish such information in a clear form in a way that allows remote access. Such bodies shall not be subject to the obligation to prevent the pooling of information pursuant to special legislation (3a).
(6) The obligation to publish the information referred to in paragraphs 4 and 5 shall be fulfilled by the obliged entity by making it available to the administrator of the public administration portal without undue delay or by handing it over to it. The form and data format of the information made available and transmitted shall be laid down in the implementing legislation.
(7) The compulsory body may publish the information referred to in paragraph 1 in other ways and may, with the exceptions set out in this Act, publish further information.
Obligation to refer to published information
(1) Where a request for information is directed towards the provision of the information disclosed, the compulsory body may, as soon as possible and no later than seven days at the latest, communicate the information to the applicant, instead of providing the information, information enabling the search and retrieval of the information disclosed.
(2) Where the applicant insists on providing directly published information, the compulsory body shall provide it.
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.
repealed
Information concerning personality, personal manifestations, personal privacy and personal data shall be provided by the compulsory body only in accordance with the legislation governing their protection4a).
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 care, 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.
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; or
(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.
(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 a special law (9) and in predetermined regular periods up to the next period; or
(c) the protection of third parties' rights to the subject matter of copyright (2b) would be infringed.
(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) ongoing criminal proceedings;
(b) the decision-making activities of the courts, except for final judgments;
(c) the performance of the tasks of reporting agents 12),
(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 relevant branch of the Ministry of Finance according to the specific legislation12a).
The provisions of the Special Laws 13) on the provision of information in those areas are not affected.
(5) The compulsory body shall not provide information which is the subject of the protection of copyright or copyright related rights (hereinafter "copyright law") 2b if it is held by:
(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) libraries providing public library and information services in accordance with the Librarian Code (2a);
(d) 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
(e) cultural institutions managing public funds such as museums, galleries, theatres, orchestras and other art sets.
This is without prejudice to the provision of such information in accordance with specific provisions.
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) If an application is made electronically, it must be submitted via an electronic mail system (13e) of the compulsory body if the compulsory body has set it up. If the address of the e-mail office is not published, the submission to any electronic address of the compulsory body shall be sufficient.
(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 the request for information under this law, in particular pursuant to Article 14a or Article 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 application or the date of addition; Where a licence is required under § 14a, it shall submit to the applicant a final licence offer within that period.
(6) An alert shall be issued on the information procedure.
(7) The time limit for providing the information referred to in paragraph 5 (d) may be extended by the compulsory body for serious reasons but not more than 10 days. Serious reasons are:
(a) the search and collection of the required information in other offices which are separate from the requesting office;
(b) the search for and collection of quantities of separate and different information required in one application;
(c) consultation with another compulsory body having a serious interest in the decision on the application or between two or more components of the compulsory body having a serious interest in the subject matter of the application.
The applicant shall always be informed of the extension of the time limit and of the reasons for the extension of the time limit in a way that is demonstrable, in due time before the expiry of the time limit for providing information.
Certain provisions on the licensing or sublicensing contract in the provision of information
(1) Where information which is subject to the protection of copyright (2b) is to be provided under a licensing or sublicensing agreement and property rights in respect of the subject-matter of copyright law are exercised by a compulsory body which is not referred to in § 11 (5), matters not governed by this law under the Copyright Act (2b) shall be dealt with.
(2) The remuneration for the authorisation of information may not be higher than that provided for in Paragraph 17, unless it otherwise provides for a specific law or licence agreement between the compulsory body and the person who transferred the right to dispose of the subject of copyright to the compulsory body.
(3) The conditions for the provision of information in a licensing or sublicensing agreement (hereinafter referred to as the "licence contract ') shall allow further use of the information by the applicant in accordance with the application, unless otherwise provided by this law. Licences or sublicences (hereinafter referred to as" licences') shall be granted as non-exclusive except in the cases referred to in paragraph 4.
(4) A compulsory body may grant an exclusive licence only if the exclusive licence for further dissemination of the information provided is necessary and is in the public interest. Where the compulsory body provides an exclusive licence in accordance with the first sentence, it shall review at least every 3 years the reasons on which the exclusive licence was granted.
(5) The compulsory body shall publish, in a way that allows remote access, a model licence contract which may be adapted by the applicant to specific applications and used as a proposal for the conclusion of the licence contract.
(6) The provisions of licensing agreements concluded when providing information under this Act shall not be subject to the protection of commercial secrecy.
Decision to reject the application
(1) If, even in part, the compulsory body fails to comply with the application, it shall, within the time limit for processing the request, issue a decision to reject the application or, where appropriate, to reject part of the application (hereinafter referred to as the "decision to refuse the application '), except where the request is postponed.
(2) If the request has not been granted for reasons of commercial secrecy pursuant to § 9 or the protection of third parties' rights in the subject matter of copyright pursuant to § 11 (2) (c), the reasons for the decision shall state who exercises the right to such business secrecy or who exercises the property rights in that subject of copyright law, if that person is known to the obliged entity.
Appeals
(1) An appeal may be lodged against the decision of the compulsory body to refuse the application.
(2) The compulsory body shall present the appeal together with the file material to the superior body within 15 days of receipt of the appeal.
(3) The competent authority shall decide on the appeal within 15 days of the date of submission of the appeal by the compulsory body. The time limit for the decision on decomposition shall be 15 working days from the date of service of the decomposition to the compulsory body. The time limit shall not be extended.
(4) When examining the decision on appeal on the basis of an action under a special law, the court shall examine whether the grounds for refusal are given. If there are no grounds for refusal, the court shall revoke the decision on appeal and the decision of the compulsory body to reject the application and shall order the compulsory body to provide the information requested.
Complaints on the procedure for handling the request for information
(1) A complaint concerning the procedure for handling a request for information (the complaint) may be lodged by the applicant,
(a) which does not agree to the processing of the application in the manner set out in Section 6;
(b) which, after the expiry of the period referred to in Article 14 (5) (d) or Article 14 (7), has not been provided with information or a final licence offer and has not been given a decision rejecting the application;
(c) to which the information has been provided in part without a decision to reject the remainder of the application; or
(d) who does not agree with the amount of remuneration communicated pursuant to Article 17 (3) or the amount of remuneration referred to in Article 14a (2) required in connection with the provision of information.
(2) The complaint may be lodged in writing or orally; If the complaint is lodged orally and cannot be dealt with immediately, the compulsory body shall record it in writing.
(3) Complaints shall be lodged with the compulsory body within 30 days of the date on which:
(a) notification pursuant to § 6, § 14 (5) (c) or § 17 (3);
(b) the expiry of the time limit for disclosure pursuant to Article 14 (5) (d) or Article 14 (7).
(4) The complaint shall be decided by the superior authority.
(5) The competent body shall submit a complaint, together with the file material, to the competent authority within 7 days of the date on which the complaint was lodged, unless it has fully complied with the complaint within that period by providing the requested information or final licence offer or by issuing a decision rejecting the application.
(6) When deciding on a complaint pursuant to paragraph 1 (a), (b) or (c), the competent authority shall examine the procedure of the compulsory body and decide that:
(a) confirm the procedure of the compulsory body;
(b) order the compulsory body to complete the application or, where appropriate, submit a final licence offer to the applicant within a specified period which may not exceed 15 days from the date of receipt of the decision of the superior authority; or
(c) by order, take over the case and provide the information itself or issue a decision rejecting the application; This procedure shall not be applied to the authorities of the local authorities in the exercise of their separate powers.
(7) When deciding on a complaint pursuant to paragraph 1 (d), the competent authority shall examine the procedure of the compulsory body and decide that:
(a) confirm the amount of remuneration or remuneration;
(b) reduce the amount of remuneration or remuneration; the procedure cannot be applied to the authorities of the local authorities in the exercise of their separate powers; or
(c) order the obliged entity to remedy, within a specified time limit which may not exceed 15 days from the date of receipt of the decision of the superior authority, the compensation or remuneration for the provision of information to the local authorities in full within a separate scope.
(8) The competent authority shall decide on the complaint within 15 days of the date on which it was submitted to it.
(9) The decision referred to in paragraphs 6 and 7 shall be notified to the applicant and to the compulsory body. A decision given pursuant to paragraphs 6 and 7 shall not be appealed against. However, if the decision referred to in paragraph 6 (c) is taken, the decision referred to in paragraph 6 (c) may not be appealed only if the superior authority designated under § 178 (2) of the last administrative order or under § 20 (5) of this law has decided.
(10) Where the information referred to in paragraph 6 (c) is provided, the applicant may apply mutatis mutandis within the meaning of paragraph 1 (a) or (c).
Compensation of costs
(1) Compulsory entities are entitled to claim a reimbursement in respect of the provision of information which may not exceed the costs of the acquisition of copies, the measures of technical data media and the sending of information to the applicant. The compulsory body may also require payment for the exceptionally extensive search for information.
(2) Where a remuneration has been agreed in the licence agreement, costs may not be claimed.
(3) Where a compulsory body requests reimbursement for the provision of information, it shall notify the applicant in writing, together with the amount of the payment, before providing the information. It must be clear from the notification on the basis of which facts and how the amount of the payment was calculated by the compulsory body.
(4) If the compulsory body fails to comply with the notification obligation laid down in paragraph 3 to the applicant, it shall lose its right to reimbursement.
(5) The provision of the information referred to in paragraph 3 shall be subject to payment of the required remuneration. If, within 60 days of the date of notification of the payment requested, the applicant fails to pay the payment, the compulsory body shall defer the application. The time limit referred to in the second sentence shall not run while the complaint is pending against the amount of the payment requested.
(6) Reimbursement is the income of the compulsory entity.
Annual report
(1) Each compulsory body must publish by 1 March each annual report for the previous calendar year on its information activities under this Act containing the following information:
(a) the number of requests for information submitted and the number of decisions taken to reject the application;
(b) the number of appeals lodged against the decision;
(c) a copy of the essential parts of each court judgment concerning the examination of the legality of the decision of the compulsory body to refuse a request for information and an overview of all expenditure incurred by the compulsory body in connection with judicial proceedings on rights and obligations under this law, including costs for its own staff and costs of legal representation;
(d) a list of the exclusive licences provided, including a justification for the necessity of granting the exclusive licence;
(e) the number of complaints submitted pursuant to Article 16a, the reasons for their submission and a brief description of the manner in which they are dealt with;
(f) other information relating to the application of this law.
(2) Where a compulsory entity has a special statutory obligation to submit a public annual report containing information on its activities, it shall include the data referred to in paragraph 1 in that annual report as its separate part, entitled "The provision of information under Act No. 106 / 1999 Coll., on Free Access to Information."
Allowing access to or provision of information under the conditions and in the manner laid down by this Act is not an infringement of the obligation to maintain confidentiality imposed by special legislation15).
TRANSITIONAL AND FINAL PROVISIONS
(1) The obligation referred to in Article 5 (2) is 1 January 2001. For municipalities which are not town16), the obligation under Paragraph 5 (2) shall take place on 1 January 2002.
(2) The obligation referred to in Article 5 (3) arises on 1 January 2002.
(3) The time limit for the provision of information (Article 14 (3) (c)) and the extension of that period (Article 14 (5)) shall be doubled in the first 12 months of the application of the law and shall be extended by half in the next 12 months.
(4) Unless otherwise provided for in this law, the procedure laid down in that law shall apply:
(a) for a decision to refuse an application;
(b) the appeal procedure; and
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Regulation Information
| Citation | Full version of Act No. 176 / 2006 Coll., Act No. 106 / 1999 Coll., on Free Access to Information, as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.2006 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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