Ponowne wykorzystywanie informacji publicznych (zarys problemu)

Abstract

The aim of the paper is to investigate the new law regulation concerning the re-use of the public information, which has been introduced into the Polish Act on Access to Public Information from 2001. New regulation results from the implementation of the Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information into Polish legal order. Re-use means the use by persons or legal entities of documents held by public sector bodies, for commercial or non-commercial purposes other than the initial purpose within the public task for which the documents were produced. As a general rule, everyone has the right to re-use of public information. Moreover, the information is made available without conditions and no charges are made for the re-use. The exceptions to this general rule are made, as the public sector bodies may impose conditions of the re-use, determine the manner of re-use, charge a re-use fee, as well as refuse the e-use of the information. The refusal takes the form of a decision. An appeal against a refusal decision or a complaint can be filed to the administrative court.