1 / 9

Access to Public Information in Slovenia

Access to Public Information in Slovenia. Nataša Pirc Musar, Information Commissioner. Access to Public Information in Slovenia. Constitutional framework Article 38 : protection of personal data is guaranteed

felice
Télécharger la présentation

Access to Public Information in Slovenia

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Access to Public Information in Slovenia Nataša Pirc Musar, Information Commissioner

  2. Access to Public Information in Slovenia • Constitutional framework • Article 38: protection of personal data is guaranteed • Article 39: freedom of speech and right of access to public information are guaranteed. • Constitutional right of PDP is embodied in the Personal DataProtection Act (PDPA). • Constitutional right of access to public information is embodied in the Access to Public Information Act (APIA).

  3. Access to Public Information in Slovenia • APIA defines 11 exceptions from publicly available information;personal data (PD) protection is the only exception that is also constitutional right; • the most common exception is the protection of PD as governed by the PDPA; • in the previous years 29,4% of the Commissioner’s decisions issued under APIA dealt with the exceptionof the PD protection.

  4. Access to Public Information in Slovenia THREE BASIC PRINCIPLES FOR OUR WORK: • Information “produced” by public institutions in the course of their work are property of citizens (apart from exceptions)! • Transparency of public expenditure! • Lack of response is unacceptable!

  5. Access to Public Information in Slovenia • Novelties of the amended FOIA: • Public interest test (25 countries have it) • Total transparency of public money spending: “The access to the requested information is sustained: • if the considered is information related to the use of public funds or information related to the execution of public functions or employment relationship…”

  6. Access to Public Information in Slovenia • Balance test – public interest test (regarding personal data protection) • Article 15, Slovenian Constitution “Human rights and fundamental freedoms shall be limited only by the rights of others and in such cases as are provided by this Constitution.” – proportionality test (only for balancing constitutional rights) • Recommendation (2002)2 on Access to Official Documents “Access to a document may be refused if the disclosure of the information contained in the official document would or would be likely to harm any of the interest mentioned in Paragraph 1, UNLESS THERE IS AN OVERRIDING PUBLIC INTEREST IN DISCLOSURE

  7. Access to Public Information in Slovenia • Farm subsidies • Denationalisation process • Magnetic resonance, subcontract • Amnesty International, electric pistols – paralisers • Telekom – privatisation strategy • Diplomas of public servants

  8. Access to Public Information in Slovenia FIVE BASIC PRINCIPLES TO SUCCEED : • Penalties, misdemeanour body • Change mentality of bureaucrats • Have an Information Commissioner (or Ombudsman) • Do not have many absolute exceptions • Public should “have the guts” to ask Need to Know Right to Know

  9. www.ic-rs.si Thank you for your attention!

More Related