106/1999 Coll.
LAW
On free access to
information
The Parliament passed the following law of the
Czech Republic:
PART ONE
§ 1
Purpose of
the law
The law adjusts the
provisions for free access to information and sets forth the basic conditions, by which the information is provided.
§ 2
Obligation to
provide information
(1)
State authorities
and communal bodies are obliged entities that have, in compliance with this
law, an obligation to provide information related to their activities.
(2) Other obliged entities are
those subjects to whom the law has entrusted deciding about legal matters,
legally protected interests or duties of natural persons or legal entities in
the area of public administration, but only to the extent of this decisive activity.
(3) The law does not apply to
procedures during provision of information by compulsory subjects, which is
adjusted by special regulations. 1)
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1) For instance Law
No 123/1998 Coll., on the right for information about the environment.
§ 3
Basic terms
(1)
For the purpose
of this Law an applicant is any natural person or legal entity, requesting
information.
(2)
Possibility
of remote access, for the purpose of this Law, is the access of an unlimited
circle of applicants by means of telecommunications equipment 2) (for instance by means of the Internet
network).
(3)
Disclosed
information, for the purpose of this law, is such information, that can always
be looked up and obtained, namely issued in print or on some other data carrier
enabling recording and preserving the information, exhibited on public notice,
with possibility of remote access or placed in a public library. 3)
(4)
Accompanying
information, for the purpose of this law, is such information, which is closely
related with the required information (for instance information about its
existence, origin, number, reason for withholding, the period in which the
reason for withholding prevails and when will it be reviewed again, and other
important features).
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2) § 1 par 4
letter a) of Law No 110/1964 Coll., on telecommunications, in wording of Law
No. 150/1992 Coll.
3) Law No 53/1959, on uniform system of libraries (Library Act), in the wording of Law No
425/1990 Coll.
§ 4
Providing
information
The obliged entities provide
information to the applicant on the basis of their application or by
disclosure.
§
5
(1)
To inform the
public, every obliged entity must make public on its premises and in its
offices, in a place generally accessible and enabling acquisition of copies of
the following information:
(a)
The reason for and manner of establishment
of the obliged entity, including conditions and
principles for operation of its
activities,
(b)
A description of its structure of
organization, the place and manner, how to obtain
respective information , where an application or claim can be filed, a
proposal submitted,
initiation
or some other demand or receive a decision,
(c)
Place, term and
manner, where rectification means can be filed against a decision of the
obliged entity , including explicitly mentioning the requirements, which are
placed in this relation on the applicant, as well as a description of
procedures and rules, that have to be adhered to during these activities and
the title of the respective form and the manner and place where such a form can
be obtained.,
(d)
The procedure the
obliged entity must keep, when attending to all applications, proposals and
other demands of citizens, including respective terms, that have to be
observed.,
(e)
An overview of
most important regulations, according to which the obliged entity namely acts
and decides, which set forth the right to demand information and obligation to
provide information and which modify
further rights of citizens in relation to the subject including information
where and when this information is provided for examination,
(f)
Rates and fees
for providing information,
(g)
The annual report
for the previous calendar year about its activities in the area of providing
information (§ 18).
(1)
Subjects are
obliged to disclose information listed in paragraph 1 also in a manner that
enables remote access. This obligation
does not apply to subjects, that are only natural persons.
(2)
Obliged entities
maintaining and administering registers containing information that are, on the
basis of a special regulation, accessible for everybody, are obliged to
disclose these data in a clear form and manner enabling remote access. These obliged entities, for this purpose, do
not have an obligation. The obligation
to prevent grouping of information according to § 17 letter f) of Law No
256/1992 Coll., on protection of personal information in information systems
does not apply to these subjects for this purpose.
(3)
The obliged
entities can disclose information according to paragraph 1 by other means and
with exceptions listed in this law he can disclose further information.
§ 6
Obligation
to refer to disclosed information
(1)
If the
application is directed at providing already disclosed information, the subject
can, as soon as possible, but within seven days at the latest, instead of
providing the information give the applicant data, that will enable looking up
and gaining the disclosed information.
(2)
If the applicant insists on direct provision
of the disclosed information, the subject will provide it to him.
§ 7
Protection
of secret facts
If
the requested information is, in accordance with legal regulations 4) marked as secret, to which the applicant has
no authorized access, the subject will not provide it.
--------------------------------------------
4) Law No 148/1998 Coll., on protection of secret facts and adjustment
of some laws.
§ 8
Protection of
personality and privacy
(1)
Information,
that gives evidence of the personality and privacy of a natural person,
especially of its race, nationality, political standing and membership in
political parties and movements, its attitude to religion, its criminal
activities, health, sexual life and property the subject will provide only, if
determined by a special law, or if prior written agreement is given by the
relevant living person. If the relevant person is no longer alive,
information about it can only be provided on the assumption, that its human
dignity, personal honour, good
reputation will be preserved and good name protected.
(2)
Written
matter of a personal character, portraits, pictures, video and sound recordings
about a natural person or its manifestations of a personal character the
subject will provide only on conditions set forth by a special law. 5)
--------------------------------------------------------
5) Law No
256/1992 Coll., on protection of personal data in information systems. § 11 of law No 40/1964 Coll., the Civil Code,
in wording of law No 509/1991 Coll.
§ 9
(1) If the requested
information is marked as a business secret, 6)
the obliged entity will not provide it.
(2) When providing information
related to use of state budget means, community budget or fund established by
the law 7) or use of property of these
obliged entities, providing information about the amount and acceptor of these
means is not considered as a breach of a business secret.
--------------------------------------------
6) § 17 of
Law No 513/1991 Coll., Commercial Code
7) For instance Law No 388/1991 Coll.,
on State environment fund of the Czech Republic, in wording of Law No 334/1992
Coll., Law No 171/1991 Coll., on activity of Czech Republic authorities in
matters of transfer of property of the state to other persons and about the
National Property Fund of the Czech Republic, in wording of later regulations,
Law No 472/1992 Coll., on State Fund of Market Regulation in Agriculture, in
wording of later regulations.
§ 10
Protection of
confidentiality of property standing
Information about the property of a person, that is
not a liable subject, gained on the basis of the laws on taxes, charges,
pension or health insurance or social security 8) the obliged entity will not provide on the
basis of this law.
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8) For instance § 24 of Law No 337/1992 Coll., on
administration of taxes and charges, in wording of later regulations, § 23
of Law No 592/1992 Coll., on insurance on general health insurance in wording
of later regulations, § 14 of Law No
582/1991 Coll. on organization and
providing social security, in wording of later regulations, § 24a of Law No 551/1991 Coll., on
General Health Insurance Company of the
Czech Republic, Law No 117/1995 Coll.,
on State Social Support, in wording of later regulations.
§ 11
Other
restrictions of information rights
(1)
The obliged
entity can restrict providing information if:
a) it relates solely to internal
guidelines and personnel rules of the liable subject,
b) it is new information, that originated during
preparation of a decision of the obliged entity, unless the law sets forth
otherwise; this is valid only to the
time when preparation will end by a decision.
(1) The obliged entity will not
provide information, if:
a)
it was passed
over by a person, to whom the law does not prescribe such obligation, unless it
stated, that it agrees with the provision of the information,
b) is disclosing it on the
basis of a special law 9) and in
previously determined regular periods till the nearest subsequent period,
c) the protection of
intellectual property set by a special law would be breached. 10)
(3) When
providing information, that the obliged entity acquired from a third party to
fulfill tasks according to a special law,
11) and according to which the
obligation of reticence would apply or another procedure safeguarding them against disclosure or
misuse, but that could be provided according to this law, the obliged entity
will provide only the information that is directly in relation with pursuance
of his activities.
(1) Furthermore the subjects
will not provide information about
a) criminal procedures taking
place,
b) decisive activity of the
court,
c)
assignments
of intelligence services, 12)
d) preparation, performance
and review of control results in bodies of the Highest Control Office.
The provisions of special laws 13) about providing information in the
mentioned areas remain untouched.
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9) For instance Law No 89/1995 Coll., on State
statistics service, Law No 6/1993., on
Czech National Bank, in wording of later regulations.
10) For
instance Law No. 35/1965 Coll., on
literary, scientific and artistic works (Author’s Act), in wording of
later regulations.
11) For
instance Law No 592/1992 Coll., in wording of later regulations, Law No
222/1994 Coll., on conditions for entrepreneurial business and performance of
State administration in energetic industry and on the State energetic
inspection, in the wording of Law 83/1998 Coll., Law No 283/1993 Coll., on State
representation in the wording of later
regulations, Law No 166/1993 Coll., on the Highest Control Office, in the
wording of later regulations, Law No 15/1998 Coll., on Securities Commission
and about adjustment and addition of further laws. Law No 77/1997 Coll., on
State company, Law No 273/1993 Coll., on some conditions of production,
spreading and filing of audio/video works, on adjustment and completion of some
laws and further regulations, in the wording of Law No 40/1995 Coll., Law No
13/1993 Coll., Customs Law, in wording of later regulations, Law No
570/19910Coll., on Trades Licensing Offices in the wording of Law No 286/1995
Coll., Law No 389/1991 Coll., on state administration of atmosphere protection
and charges for its pollution, in the wording of later regulations, Law No
64/1986 Coll., about the Czech trade inspection, in the wording of later
regulations, Law No 133/1985 Coll., on Fire protection, in wording of later
regulations.
12) §5 and 8 of Law No 153/1994
Coll., on intelligence services, in wording of Law No 118/1995 Coll.,
13) For instance § 8a of Law
141/1961 Coll., Penal Code, in wording of law No 292/1993 Coll., § 45 of Law No
166/1993 Coll.
§ 12
Restriction
conditions
All restrictions of rights
for information the liable subject will perform in such a way, that he will
provide requested information including accompanying information after
expelling information set forth by the law.
The right to refuse information only lasts for the period, in which the
reason for refusal lasts. In justified
cases the subject will verify, if reason for refusal still lasts.
§ 13
Application
for providing information
(1)
The application
asking for information is submitted either in writing or orally, and also by
means of telecommunications equipment.
(2) If the applicant does not
receive information on the basis of an oral application or if the applicant
does not consider the information provided on the basis of an oral application
as sufficient, it is necessary to apply in writing
(3) Provision of § 14 to 16 and
§ 18 applies only to applications submitted in writing.
§ 14
Procedure for
submitting and executing written applications for providing information
(1)
The application
is submitted on the day it is received by the subject. Notification of the applicant, that he
insists on receiving the information in compliance with § 6 par. 2, is
considered as a new submission of the application.
(2) From each submitted
application it must be apparent to which subject it is assigned and who is
applying. Applications by means of
telecommunication equipment 2) relevant identification of the applicant must
also be stated (for instance electronic address). If the application does not include these data,
then the application is not a submission in the meaning of this law and the
application is set aside.
(3) The obliged entity assesses
the contents of the application and:
a)
in the event that
the application is unintelligible, it is not apparent, what kind of information
is requested or the formulated is too general, he will ask the applicant within
a period of seven days from submission of the application to make the
application more accurate, if the applicant does not send a more detailed
application within 30 days he will decide about refusal of the application,
b)
in
the event, that the requested information does not fall under the sphere of his
activities, he will set the application aside and will convey this justifiable
fact within three days to the applicant
c)
will
provide the requested information within 15 days at the latest from acceptance
of the submission or from receiving the detailed application in compliance with
letter a), in writing, by examination of recorded documents, including the
possibility of making copies, or on memory media.
(1)
A record is made
about the process of providing the information.
(2) The set period for
providing the information can be lengthened for significant reasons by ten days
at the utmost. Significant reasons are:
a)
searching for and
collecting the required information in other offices, that are separate
from
the office attending to the
application,
b)
searching and
collecting a great volume of separate and different information requested
in
one application,
c) consulting another obliged entity who is
significantly interested in the decision about the application, or between two
or more units of the obliged entity, who have a consequential interest in the
subject of the application. The
applicant must be evidently informed about the extension of the time period and
the reasons for it in time before expiration of the term for providing
information.
§
15
Decision
(1)
If the obliged
entity does not execute, even if only partially, the application , he issues a
decision, in the term set for execution of the application, with the exception
of cases, when the application is set aside according to § 14 par. 2 or
according to § 14 par 3 letter b). If
the obliged entity is a community, the decision is issued by the Community
Office.
(2)
The decision must
include indication of the obliged entity, evidence number and date of issue of
decision, indication of the recipient of the decision, statement with listing
of legal regulations, according to which the decision was made, justification
of every restriction of right for information, indication about the place, time
and form for submitting any rectification means, signature of the authorized
officer of the obliged entity with indication of name, surname and function.
(3)
The decision is
delivered into own hands of the applicant.
(4)
If the body, in
the period set for execution of the application, did not provide the
information or issue a decision according to § 15 par. 1, it is supposed, that
it has issued a decision by which the information was rejected (withheld). An appeal can be filed against this decision
within 15 days from the day the period for execution of the application
expired.
§
16
Appeal
(1)
Against the
decision of the obliged entity about refusal of the application an appeal can
be filed within 15 days of delivery of the decision or from the vain
(ineffective) passing of the period for execution of the application as in the
case in § 15 par 4. The appeal is filed
with the obliged subject that issued the decision or should have issued it.
(2)
The appeal
against the decision of the obliged entity is decided by the obliged
entity next in superiority to the
obliged entity that issued or should have issued the decision. If it is a decision of the Communal Office
about information on matters of independent activity of the co0mmunity,
decision about the appeal is made by the community council, unless the
community representatives set forth, that another body of the community will
make the decision. In other cases a
decision about the appeal will be made by the head of the obliged subject, that
issued or should have issued the decision, and is entitled to negotiate in the
name of the obliged subject.
(3)
The appeal body
will make a decision about the appeal within 15 days from the submission of the
appeal by the obliged entity. If a
decision is not made within the set time period it is deemed that it issued a
decision, by which it rejected the appeal and acknowledged the contested
decision; the day following the day of expiration of the period for execution
of the appeal is deemed as the day of delivery of this decision.
(4)
The decision
about the appeal cannot be appealed.
(5)
An exposition can
be filed against the decision of the Central body of state administration about
rejection of the application, a decision will then be made by a senior officer
of State administration. Provisions of par. 1, 3 and 4 are similarly
valid for an exposition.
(6)
The decision
about rejection of the application can be revised by the court according to a
special law.
----------------------------------
14) § 247 and
following Law No 99/1963 Coll., Civil Court Rules in wording of later
regulations.
§
17
Reimbursement of costs
(1)
The obliged
entities in relation to provising information have the right to demand reimbursement
in the amount, that cannot surpass costs related to searching for information,
making copies, getting technical bearers of data and sending of information to
the applicant.
(2)
The supposed
amount of reimbursement must be acknowledged on the application of the
applicant.
(3)
The obliged
entity can condition issue of information by asking for payment or for an
advance.
(4)
The payment is a
revenue of the obliged entity.
§
18
Annual Report
(1)
Every obliged
entity must as at 1 March disclose an annual report about its activities for
the previous calendar year in the area of providing information according to
this law which must contain the following data:
a)
number of
submitted applicans for information,
b)
number of
submitted appeals against decisions,
c)
a copy of the material
part of every decision of court,
d)
results of
sanction proceedings for not adhering to this law without stating personal
data,
e)
further
information relating to this law.
(1)
If the obliged
entity has the obligation, set by special law, to submit a public annual
report, data according to par. 1 letter a) to e) are incorporated into this
report as an individual part with the title “Providing information according to
law No 106/1999 Coll., on free access to information”.
§
19
Enabling access to information or
providing information on conditions and in a manner set by this law is not a
breach of duty to keep reticence set forth by special laws. 15)
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15) For instance law No 15/1998 Coll., Law No 90/1995
Coll., on agenda of Parliament, law No 199/1994 Coll., on placing public
tenders, in wording of later regulations, law No 283/1993 Coll., in wording of
later regulations, law No 6/1993 Voll., in wording of later regulations.
PART TWO
TEMPORARY AND FINAL
PROVISIONS
§
20
(1)
The obligation
set in § 5 par. 2 begins on 1 January 2001.
For communities, that are not towns,
16) the obligation according to §
5 par. 2 begins on 1 January 2002.
(2)
The obligation
set forth in § 5 par. 3 begins on 1 January 2002.
(3)
The term for
providing information [§ 14 par. 3 letter c)] and extension of this period (§ 14 par. 5) in the first 12 months of the
efficacy of this law is extended to double the length, and a further 12 months
is extended by half.
(4)
Unless this law
states otherwise, Administrative rules
apply to the measuring of terms and proceedings according to § 15 and 16, with
the exception of provision about renewal of proceedings and about review of
decision outside of appeal proceedings.
-------------------------------------------
16) Law No 367/1990 Coll. about communities, in wording of later
regulations.
17) Law No 71/1967 Coll., on administrative proceedings (administration rules).
§
21
The Government will issue
a decree by which it will adjust the correlation
of state administration bodies with communities in ensuring the obligations of
the communities in accordance with § 5 of this law.
§ 22
Efficacy
This law becomes effective on
1 January 2000.