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Implications of including the right to acess public sector information in the Constitution of the Republic of Croatia
Alen Rajko
; (head of the Administrative Development Service, Town of Opatija, Croatia
Abstract
Amendments to the Croatian Constitution of 2010 have explicitly introduced guarantees of the right to access public sector information into the constitutional text. Consequently, the author analyses basic theoretical principles about the regulation of the right to access information and argumentation of the Proposal of Amendments to the Constitution. The analysis continues with the novelties that resulted from regulating the prerequisites for limitations of the mentioned
right, its relations with constitutional right to security and confidentiality of personal data, and its position in relation to the other constitutional rights and freedoms. It also deals with the influence of new constitutional provisions on current information legislation. Explicit constitutional regulation has brought significant changes to »regulatory perspective« in the field of access to public sector information. Before the Amendments, the right to access public sector information was limited to what was explicitly enacted in (often uncoordinated) pieces of legislation. The new Subsection 4 of Article 38 of the Constitution has regulated the right to access
public sector information (with exception of the right to access personal data) as a general rule, which may be only limited by the law under prerequisites regulated in the Constitution
Keywords
right to access public sector information; constitutional rights and freedoms; Amendments to the Constitution of the Republic of Croatia; information administrative law
Hrčak ID:
135325
URI
Publication date:
7.9.2010.
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