The new Act on right to access information – genesis and open questions

Right to access information makes an essential part of the information administrative law. Since March of 2013 the new (second) Croatian Act on Right to Access Information has been in force. The Act rests on the solid foundation of the 2003 Act (amended 2010/2011). In most segments of the regulation...

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Main Author: Alen Rajko
Format: Article
Language:English
Published: Pravni fakultet Sveučilišta u Splitu 2014-01-01
Series:Zbornik Radova Pravnog Fakulteta u Splitu
Subjects:
Online Access:http://hrcak.srce.hr/file/177256
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author Alen Rajko
author_facet Alen Rajko
author_sort Alen Rajko
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description Right to access information makes an essential part of the information administrative law. Since March of 2013 the new (second) Croatian Act on Right to Access Information has been in force. The Act rests on the solid foundation of the 2003 Act (amended 2010/2011). In most segments of the regulation, the new Act makes a step forward, especially in terms of defining the entities of public sector obliged by the Act, upgrading the regulation of the test of proportionality and of public interest, strenghtening the powers of the independent supervisory authority, and enlargement of mandatory active measures of the public sector. However, there are some open questions, primarily related to the exemptions from the application of the Act, the organizational separation of control over access of information in relation to the protection of personal data, jurisdiction in administrative disputes, imperfect provisions on inspection, and omission to regulate (at least on the elemental level) the position of whistleblowers.
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spelling doaj.art-85908a65416a483cb310b0606037c6b12023-12-02T17:07:30ZengPravni fakultet Sveučilišta u SplituZbornik Radova Pravnog Fakulteta u Splitu0584-90631847-04592014-01-01512415427The new Act on right to access information – genesis and open questionsAlen RajkoRight to access information makes an essential part of the information administrative law. Since March of 2013 the new (second) Croatian Act on Right to Access Information has been in force. The Act rests on the solid foundation of the 2003 Act (amended 2010/2011). In most segments of the regulation, the new Act makes a step forward, especially in terms of defining the entities of public sector obliged by the Act, upgrading the regulation of the test of proportionality and of public interest, strenghtening the powers of the independent supervisory authority, and enlargement of mandatory active measures of the public sector. However, there are some open questions, primarily related to the exemptions from the application of the Act, the organizational separation of control over access of information in relation to the protection of personal data, jurisdiction in administrative disputes, imperfect provisions on inspection, and omission to regulate (at least on the elemental level) the position of whistleblowers.http://hrcak.srce.hr/file/177256Act on the Right to Access Informationinformation administrative law
spellingShingle Alen Rajko
The new Act on right to access information – genesis and open questions
Zbornik Radova Pravnog Fakulteta u Splitu
Act on the Right to Access Information
information administrative law
title The new Act on right to access information – genesis and open questions
title_full The new Act on right to access information – genesis and open questions
title_fullStr The new Act on right to access information – genesis and open questions
title_full_unstemmed The new Act on right to access information – genesis and open questions
title_short The new Act on right to access information – genesis and open questions
title_sort new act on right to access information genesis and open questions
topic Act on the Right to Access Information
information administrative law
url http://hrcak.srce.hr/file/177256
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