Naslov
Pristup informacijama i poslovna tajna u Hrvatskoj> tko pobjeđuje
(Access to information and commercial secret in Croatia: Who wins?)

Autori
Musa, Anamarija

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, pp prezentacija, znanstveni

Skup
5th International Conference Petar Šarčević 'Information and Data: The Road Ahead'

Mjesto i datum
Opatija, Hrvatska, 06.10.2017. - 07.10.2017

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
pristup informacijama, transparentnost, komercijalna povjerljivost, poslovna tajna, povjerenik za informiranje
(access to information, transparency, commercial secret, business secret, Information Commissioner)

Sažetak
The right of access to information (RTI) is one of the key principles of contemporary public governance and a fundamental principle of democracy. Through RTI citizens can obtain information and become effective controllers of the public sector. As a consequence, greater accountability and efficiency, as well as a lower level of corruption are expected to lead to better governance. The RTI is nowadays recognized in many constitutions and enacted in the legislation in more than a hundred countries. However, legal frameworks define exemptions of the access to information, taking into account other legally protected interests. The commercial secret is recognized in the comparative law as well as by the European Union law as the most important exemption of access to information. The same applies to professional secrets, such as banking secrecy, as well as a tax secret. Thus competitively sensitive business information can be withheld from the disclosure. However, this is allowed only upon the performance of the public interest test in the meaning of balancing the harm that could be done to the competitive relationships and the right to know. The paper seeks to present and analyze the relationship between the right of access to information and the commercial secret in Croatia. The methodology includes the analysis of Croatian legal framework (Law on the access to information, NN 25/13, 85/15 ; Law on the protection of data secrecy, NN 108/96 ; sectoral legislation) and cases of the Information Commissioner and the High Administrative Court with a reference to the EU law (Charter of Fundamental Rights ; Regulation (EC) No 1049/2001 on the access to official documents ; Directive (EU) 2016/943 on the protection of undisclosed know-how and business information) and practice of the EU ombudsman and the ECJ.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA