Abusing the right to public information

Abstract

Background: The presented study concerns the problem of abusing the right to public information. The concept of abusing the right to public information is used in the practice of entities providing access that is met with critical public opinion. This concept is criticized in particular for its arbitrary application and for violating the guarantee of protecting the right to information. This article presents views of doctrine and jurisprudence as well as selected legal regulations of the Act on Access to Public Information governing the basic mechanisms for limiting phenomena that bear signs of abusing the law.
Research purpose: As far as the author is concerned, the paper is trying to provide answers to the following questions: is the concept of abusing the law supported by the provisions of the Act on Access to Public Information and are there other mechanisms that may be applied in situations bearing the characteristics of abusing the law?
Methods: The research is based on a dogmatic analysis of legal provisions, statements of the doctrine, and case law of administrative courts, in particular the Supreme Administrative Court.
Conclusions: As a result of the above considerations, the author concludes that on the basis of the provisions of the Act on Access to Public Information there is a lack of precise and comprehensive regulation applicable in the case when entitled persons use the right to information contrary to its constitutional purpose. The concept of abusing the law developed in doctrine and case law has many advantages but also carries a serious risk of taking discretionary actions. The author draws attention to the statutory mechanisms that may be applied in situations bearing the characteristics of abusing the law.