Naslov
The Right of Access to Public Sector Information and Its Limitations in a Democratic Society

Autori
Rajko, Alen

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), ostalo

Izvornik
Modernisation of the Croatian Public Administration / Koprić, Ivan - Zagreb : Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku, 2003, 429-476

Skup
Modernizacija hrvatske javne uprave: povijesne pouke, aktualno stanje i razvojne perspektive

Mjesto i datum
Zagreb, Hrvatska, 25.04.2002. - 26.04.2002

Vrsta sudjelovanja
Pozvano predavanje

Vrsta recenzije
Domaća recenzija

Ključne riječi
right to information; public sector information; secret data

Sažetak
The question of the right of access to the public sector information and its importance in modernization of Croatian public administration is analysed in this article. Most elements of the importance of (in)accessibility of the public sector information can be considered to refer to the importance of quantity and quality of information in the process of decision-making. The analysis of the political context of (in)accessibility of the public sector information includes the questions of forming political preferences, new forms of discrimination in contemporary democracies and information as a source of real power of informal groups. The legal context includes questions of realisation of the right to freedom of expression, protection of personal data and making decisions of legal nature. The role of information in the realisation of the principle of public nature of administration and its control is presented. Relevant international instruments and comparative models are summarized, with the emphasis on the Green Paper of the European Commission. Current Croatian legislation and practice are analysed at the constitutional level and at the level of procedural rules, protection of the privacy of (personal) data and the rights of the press, the relation between the agencies of state administration and citizens, penal regulations and other essential regulations, as well as with respect to the regulations of the Agreement on Stabilization and Association. The situation in practice is marked by the paradox of the inversion in acting: we are daily witnesses of the leak of confidential data, among which are those whose need for secrecy is not doubtful, while at the same time the bodies of public power tend to make impossible or difficult the access to information which should be accessible. In conclusion, tjhe author proposes legislative measures (primarily legal regulation of the universal right to access to the public sector information, with due restrictions) and organizational and educational measures as well as measures in the sphere of professionalism and ethics of public servants, which should contribute to modernization of Croatian public administration in this field.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA