The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example)
The article discusses the right to privacy as an exemption from freedom of information in Poland as specified in the Act of 6 September 2001 on access to public information. The aim is to examine how Poland regulates the relationship between two important values: freedom of information and the right...
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| Format: | Article |
| Language: | English |
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Maria Curie-Skłodowska University
2022-06-01
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| Series: | Studia Iuridica Lublinensia |
| Subjects: | |
| Online Access: | https://journals.umcs.pl/sil/article/view/12197 |
| _version_ | 1811339788197822464 |
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| author | Anna De Ambrosis Vigna |
| author_facet | Anna De Ambrosis Vigna |
| author_sort | Anna De Ambrosis Vigna |
| collection | DOAJ |
| description | The article discusses the right to privacy as an exemption from freedom of information in Poland as specified in the Act of 6 September 2001 on access to public information. The aim is to examine how Poland regulates the relationship between two important values: freedom of information and the right to privacy. There are many situations where the right to privacy as an exemption from freedom of information occurs. The article however is focused specifically on the issue where a requester asks for public information that may relate to the privacy of persons performing public functions. This problem is valid, especially in the light of the recent application of the First President of the Supreme Court to the Constitutional Tribunal which touches upon the right to privacy of persons performing public functions. The author argues that although Poland assures freedom of information and the right to privacy, Polish public authorities and courts have a problem striking the right balance between those two values. This is primarily the result of general terms used by the legislator, which must be explained through a judicial interpretation. |
| first_indexed | 2024-04-13T18:31:46Z |
| format | Article |
| id | doaj.art-d122ece3da244be5b8a06c4736615f1a |
| institution | Directory Open Access Journal |
| issn | 1731-6375 |
| language | English |
| last_indexed | 2024-04-13T18:31:46Z |
| publishDate | 2022-06-01 |
| publisher | Maria Curie-Skłodowska University |
| record_format | Article |
| series | Studia Iuridica Lublinensia |
| spelling | doaj.art-d122ece3da244be5b8a06c4736615f1a2022-12-22T02:35:03ZengMaria Curie-Skłodowska UniversityStudia Iuridica Lublinensia1731-63752022-06-01312335010.17951/sil.2022.31.2.33-509327The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example)Anna De Ambrosis Vigna0University of BialystokThe article discusses the right to privacy as an exemption from freedom of information in Poland as specified in the Act of 6 September 2001 on access to public information. The aim is to examine how Poland regulates the relationship between two important values: freedom of information and the right to privacy. There are many situations where the right to privacy as an exemption from freedom of information occurs. The article however is focused specifically on the issue where a requester asks for public information that may relate to the privacy of persons performing public functions. This problem is valid, especially in the light of the recent application of the First President of the Supreme Court to the Constitutional Tribunal which touches upon the right to privacy of persons performing public functions. The author argues that although Poland assures freedom of information and the right to privacy, Polish public authorities and courts have a problem striking the right balance between those two values. This is primarily the result of general terms used by the legislator, which must be explained through a judicial interpretation.https://journals.umcs.pl/sil/article/view/12197freedom of informationpublic informationright to privacypersons performing public functions |
| spellingShingle | Anna De Ambrosis Vigna The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example) Studia Iuridica Lublinensia freedom of information public information right to privacy persons performing public functions |
| title | The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example) |
| title_full | The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example) |
| title_fullStr | The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example) |
| title_full_unstemmed | The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example) |
| title_short | The Right to Privacy as an Exemption from Freedom of Information in the Case of Persons Performing Public Functions (Poland’s Example) |
| title_sort | right to privacy as an exemption from freedom of information in the case of persons performing public functions poland s example |
| topic | freedom of information public information right to privacy persons performing public functions |
| url | https://journals.umcs.pl/sil/article/view/12197 |
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