In fact, the deficiency of precise rules on formal requirements in relation to requests for public information in the Public Information Act leads to the anticipation of submitting effective requests via e-mail, both by an anonymous character like Snow White and by 40 robbers from Alibaby. This script is presently common, creating a burden for the offices and leading to disorganisation of their work. Local authorities are afraid that applicants, including those utilizing artificial intelligence, may further impede the functioning of institutions.
The procedures for making public information available are regulated by the Act of 6 September 2001 on access to public information. Pursuant to Article 3 of that Act, the right to public information covers a wide scope of powers and that information should be made available by the applicable institutions through publication in the Public Information Bulletin or upon request.
Citizens increasingly address authoritative inquiries to municipal offices and territory old offices.
These institutions are presently flooded with many requests, frequently from anonymous persons, utilizing email addresses. These requests cover a variety of cases, ranging from the costs of flowers utilized during authoritative ceremonies, by the quantity of cake ordered for a session of the territory council, to data on staff delegation expenses, and requests for a number of decisions to be made available, which require nomination. any municipalities and ancients receive even hundreds of specified applications per week.
People who apply for public information in conventional paper form even have stamps, specified as “The Lord of the Nation” or “The typical of the Higher Force”. However, there is besides a group of applicants who usage anonymous email addresses, signing as Batman, Red Riding Hood, Superman, which makes them hard to identify. Offices must examine these requests within 14 days in order to avoid any charge of inaction.
Grzegorz Kubalski, Deputy manager of the Office of the Union of Polish Districts, explains that it is now possible to request any information, without the request to disclose identity and by utilizing anonymous email addresses. It cites an example of the practices of the Nordic countries, where the transparency of life, both public and private, is much greater and people have access to data on individual earnings. Mr Kubalski stresses that there was besides a time in these countries erstwhile all this information could be obtained anonymously, but due to abuse the rule was introduced that these data are mostly available, but 1 needs to be identified to receive it.
Polish law allows anonymism
It has been over 20 years since the law on access to public information was passed. During this period, the legal environment and available technological opportunities changed. Nevertheless, the Act does not, in principle, contain any provisions which would specify precisely the formal requirements for requests for public information.
This position is confirmed in many decisions of the administrative courts. For example, in the judgement of the Provincial Administrative Court in Łódź of 14 June 2023, the court stated that the application made in accordance with the Act on Access to Public Information does not in rule gotta meet circumstantial formal requirements. The court indicated that ‘The minimum requirements for specified an application must include the clear wording from which the request for public information relates, as it is essential to show that the information requested is of a public nature’ (signature of Act II SAB/Łd 124/22/).
Since the Law on Access to Public Information lacks the indication of any formal requirements concerning the application, in peculiar there is no request to full disclose the identity of the applicant or to show his legal or factual interest in obtaining information as indicated by the judgement of the Gdańsk WSA of 25 January 2024 (signature of Act III SAB/Gd 234/23), ‘The email message should be considered a request’.
According to the assessment of the WSA in Poznań, a request for public information may take any form, provided that it clearly indicates what the request concerns.
‘A written request shall besides be considered to have been sent by e-mail. In the regulations of the U.d.i.p. there is no order for the applicant to supply his individual data due to the fact that he may get information orally, he may besides request that he send it to the post office or to the address of the post office. This proposal initiates a public information procedure’ – emphasizes the WSA in Poznań (judgment of 18 January 2024, act No. IV SAB/Po 160/23/).
The Union of Polish Districts wants changes
The Union of Polish Districts has submitted a request for discussion in the Committee on the Joint Government and Territorial Government on the request to amend the Act. According to the organisation, it is crucial to require the recognition of the applicant for access to public information, in peculiar where it is submitted in electronic form, where it would be essential to usage 1 of the methods of electronic recognition recognised by law (such as qualified signature, trusted signature, etc.).
The region representatives indicate that, according to the case law of the administrative courts, the classification of the application sent by email as spam (although the address/server utilized is recognised by the servers of the IT service supplier as being blacklisted) does not release the office from the charge of inaction erstwhile providing public information. In the assessment of the IPP, it should be clearly stated that electronic applications can only be submitted in specified a way that the UPO can be recovered. It would only be possible for the applicant to receive the UPO that the application is decently served.
MSWIA sceptical on changes
The case was initially discussed at the last gathering of the KWRIST public administration and safety team. However, amending the rules will not be an easy task. Firstly, due to the fact that any effort to interfere, any effort to specify more detailed rules for the submission of requests for public information, can be seen as an effort to restrict civilian rights.
– This is the right of the citizen to information, and if we begin to impede the exercise of this right, to impose on them various requirements relating to the submission of the application, we will deal with the situation that the public will claim that this is an obstacle to the exercise of civilian rights – says Grzegorz Ziomek, manager of the Department of Public Administration in the Ministry of Interior and Administration.
– We do not want to restrict civilian rights," said Grzegorz Kubalski, adding that the full dispute boils down to how we all treat you. – Whether we treat them as an enemy Leviathan, to whom a citizen has to teardrop out public information, utilizing methods from a driveway war, or alternatively we treat you as a common good, but besides a common duty, which means that we have civilian rights, we can usage them, but we usage them in a liable manner. I mean, if I want circumstantial information from the public administration, then I have a right to get it, but I have a work to identify myself as asking for it.
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