Access to Public Information in Slovenia

1. Access to Public Information in Slovenia Nataša Pirc Musar, LL.B. Commissioner for Access to Public Information The Hague – 24th-25th November, 2004

2. Access to Public Information in Slovenia • Access to Public Information Act adopted in March 2003 • This Act governs the procedure which ensures everyone free access to public information held by state bodies, local government bodies, public agencies, public funds and other entities of public law, public powers holders and public service contractors. ALSO COURTS AND PARLIAMENT • All together 2853 bodies in the catalogue • Commissioner started working in September 2003 (22 decisions, majority solved by telephone)

3. Access to Public Information in Slovenia • Article 39, Slovenian Constitution • “Except in such cases as are provided by law, everyonehas theright to obtain information of a public nature in which he has a well founded legal interest under law.” • Recommendation (2002)2 Council of Europe, Section 5 • “An applicant for an official document should not be obliged to give reasons for having access to the official document.”

4. Access to Public Information in Slovenia • Why is the Commissioner as an independent body better than other solutions? (Courts, Ombudsmen) • Decisions with power also obligatory for the courts • Faster than courts • Law specialisation in the field of access to documents

5. Access to Public Information in Slovenia • The body shall deny the applicant access to requested information if the application relates to: • Classified Information • Information which is defined as a business secret • Personal data the disclosure of which would constitute an infringement of the protection of personal data in accordance with the Act governing the protection of personal data • And 9 more • NO BALANCE TEST for personal data protection, harm test in some exemptions

6. Access to Public Information in Slovenia • Balance test – public interest test (regarding personal data protection) • Article 15, Slovenia “Human rights and fundamental freedomsshall be limited only by therights of others and in such cases as are provided by this Constitution.” • Recommendation (2002)2 on Access to Official Documents “Access to a document may be refused if the disclosure of the information contained in the official document would or would be likely to harm any of the interest mentioned in Paragraph 1, UNLESS THERE IS AN OVERRIDING PUBLIC INTEREST IN DISCLOSURE NO BALANCE TEST IN DIRECTIVE 95/46 AND REGULATION 1049/2001

7. Access to Public Information in Slovenia • New Constitution for Europe recognises European Convention for Human Rights as basic law principle • Article 8 “There shall be no interference by a public authority with theexercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. “

8. Access to Public Information in Slovenia • “Preventive activities” – communication with official persons of liable authorities • THREE BASIC PRINCIPLES: • Information “produced” by public institutions in the course of their work are property of citizens (apart from exceptions)! • Transparency of public expenditure! • Lack of response is unacceptable!

9. Access to Public Information Arround the World