Access to public information in Slovenia

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Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. [1]

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In Slovenia, access to public information is guaranteed by Article 39 of the Constitution that protects freedom of speech and right of access to public information. The constitutional right of access to public information is embodied in the Access to Public Information Act adopted in 2004. In Slovenia everyone has the right to obtain information of a public nature in which he/she has a well grounded legal interest under the law, with the only exceptions provided by law. The Access to Public Information Act also enables every citizen to enjoy the right enshrined by Article 44 of the Constitution to actively participate in the management of public affairs. [2]

Slovenia has a good regulatory framework on access to public information. [3] Slovenia's Access to Information Law is considered as one of the best in Europe. [4]

Slovenian Constitution, adopted in 1991, for the first time legally defined a right to access to public information. [5]

In Slovenia access to public information is regulated by the Access to Public Information Act (2004), the Decree on communication and re-use of information of a public nature (2005) and the decree amending it (2007), and the Information Commissioner Act (2005). [2]

The aim of the Slovenian Access to Public Information Act is to ensure that the work of public bodies is open and transparent and to enable natural and legal entities to exercise their rights to obtain public information from public authorities holding such information. In order to achieve this aim, the law prescribes that public authorities have to obligation to inform the public about their work to the greatest extend possible. [2]

The law defines the information to be considered as "public" stipulating that public information subject to access to information law refers to information and data originating from the field of work of public authorities, regardless of its form or origin. [2]

Exceptions to the rule of disclosure are defined in Article 6 of the Law. Reasons for refusing can be due to the sensitive nature of the information requested, for instance information defined as classified pursuant the Act governing classified data, or information concerning personal data, or when disclosure of such information would prejudice the implementation of a judicial or administrative procedure. [2]

Public authorities are obliged to provide access to information both to Slovenian and foreign nationals, including the foreign media. [6] Relevant bodies have to make a decision on a FOI request within 20 business days: this term may be extended to a maximum of 30 business days in case of requests requiring a complex compilation of the documents sought. In case a response is not provided within the designed period of time the application is considered refused and the applicant may file a complaint with the Information Commissioner. [6]

In 2005, the Information Commissioner Act established the institution of the Information Commissioner, an autonomous and independent body in charge of supervising the protection of personal data and the access to public information. The Commissioner is appointed by the National Assembly at the proposal of the President of the Republic. [7]

Access to public information in practice

When the right of access to public information was first introduced into the Constitution, most of Slovenians were not aware of this right. According to some experts, it took a decade for the right to be known, accepted and used by citizens of Slovenia. [5] The right of access to public information is most widely used by journalists and NGOs, while citizens are requesting public information under the FOI law more and more frequently. [5]

On the occasion of the International Right to Know Day celebrated on September 28, 2015, Information Commissioner Mojce Prelesnik highlighted that a key problem affecting the right of access to public information in Slovenia is the failure of state institutions to store certain data, which is particularly problematic in fields such as environmental protection, healthy food and consumer protection. [7]

See also

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Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

The role of information commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense. The office often functions as a specialist ombudsman service.

<span class="mw-page-title-main">Freedom of Information Act 2000</span> Act of Parliament in the United Kingdom

The Freedom of Information Act 2000 is an Act of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland to UK Government offices located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by David Clark as a 1997 White Paper. The final version of the Act was criticised by freedom of information campaigners as a diluted form of what had been proposed in the White Paper. The full provisions of the act came into force on 1 January 2005.

<span class="mw-page-title-main">Right to Information Act, 2005</span> Act of the Government of India

The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.

Freedom of information (FOI) in the United Kingdom refers to members of the general public’s right to access information held by public authorities. This right is covered in two parts:

  1. Public authorities must regularly publish updates and information regarding their activities, and
  2. Members of the public can make requests for information and updates regarding the activities of public authorities.
<span class="mw-page-title-main">Access to public information in Serbia</span>

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

<span class="mw-page-title-main">Access to public information in Europe</span>

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.


Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

References

  1. Freedom of Information, UNESCO. Retrieved2016-10-16.
  2. 1 2 3 4 5 "Public Information". Dp-rs.si. Republic of Slovenia. state Attorney's Office. Retrieved 16 February 2017.
  3. "Building Good Governance by Access to Information in Administrative Matters - Trends in Slovenia, Croatia and Serbia" (PDF). ASPA Conference, New Orleans, March 2013. NISPAcee Panel, Openness and Accountability in CEE: Building Sustainable Governance?. 2013. Retrieved 16 February 2017.
  4. "The RTI Map". Access-info.org. Access-Info Europe. Retrieved 17 February 2017.
  5. 1 2 3 Rajko Knez (2015). "Free Access to environmental information. Report - Slovenia" (PDF). Avosetta Annual Meeting on 29/30 May 2015 in Bremen. Retrieved 10 January 2017.
  6. 1 2 "Commercial laws of Slovenia. An assessment by the EBRD" (PDF). European Bank for Reconstruction and Development. 2014. Retrieved 16 February 2017.{{cite journal}}: Cite journal requires |journal= (help)
  7. 1 2 "Officials Stress Importance of Access to Public Information". Sloveniatimes.com. The Slovenia Times. 29 September 2015. Retrieved 16 February 2017.