Czech Republic
Name of law: The Freedom of Information Act
First adopted: 1999
Last modified: n/a
RTI Rating last updated: n/a
First adopted: 1999
Last modified: n/a
RTI Rating last updated: n/a
Introduction
Czech Republic’s RTI law is weak, falling into the bottom one-third of all laws. It has an expansive scope, including by covering all branches of government, as well as private entities performing public functions. However, it is practically limited by a broad regime of exceptions which fails to trump secrecy provisions in other legislation, includes illegitimate exceptions, many of which lack a harm test, and fails to provide for a public interest override. The procedures are largely undefined which, along with the indeterminate access fees, creates an ambiguous and hard-to-navigate system for requesters. There is no administrative level of appeal at all. There are no sanctions and protections at all in the law. The lack of promotional measures in the law (i.e. no requirement to appoint an information officer and an absence of public awareness campaigns or any centralised coordinating body) is yet another problem. These limitations restrict the practical efficacy of the RTI law.
Local Expert: Oldich Kuílek
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 1 | 6 |
| 2 | Scope | 28 | 30 |
| 3 | Requesting Procedures | 14 | 30 |
| 4 | Exceptions & Refusal | 14 | 30 |
| 5 | Appeals | 10 | 30 |
| 6 | Sanctions & Protections | 0 | 8 |
| 7 | Promotional Measures | 4 | 16 |
| ∑ = 71 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | Partially | 1 | The 1993 Charter of Fundamental Rights and Freedoms provides for a right to information.(1) Article 17: "(1) Freedom of expression and the right to information are guaranteed. (2) Everybody has the right to express freely his or her opinion by word, in writing, in the press, in pictures or in any other form, as well as freely to seek, receive and disseminate ideas and information irrespective of the frontiers of the State. (3) Censorship is not permitted. (4) The freedom of expression and the right to seek and disseminate information may be limited by law in the case of measures essential in a democratic society for protecting the rights and freedoms of others, the security of the State, public security, public health, and morality. (5) Organs of the State and of local self-government shall provide in an appropriate manner information on their activity. The conditions and the form of implementation of this duty shall be set by law. | Not entirely clear that this is a right to access public information but seems to be so one point given. Link to the Constitution of Czech Republic (English version) can be found here. Link to the 1993 Charter of Fundamental Rights and Freedoms (English version) can be found here. |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | N/A | Not mentioned. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | N/A | Not mentioned. |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Section 3 - Definitions "(1) For the purpose of this Act, the "applicant" any natural person or legal entity requesting information." | |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | YES | 4 | Section 3 "(3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document or a record in an electronic format or an audio, visual or audiovisual record." | |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | Section 3: Definitions. "(3) For the purpose of this Act, "information" shall mean any contents or its part in any form recorded on any medium, namely the contents of a written record in a document, or a record in an electronic format or an audio, visual or audiovisual record." | |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | Partially | 7 | Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their authorities, and public institutions." | Archives are excluded, there is an archive law. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their authorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | Section 2 - Duty to provide information (1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state agencies, territorial self-administration entities and their agencies, and public institutions managing public funds . (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their authorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | Section 2 - Duty to provide information "(1) The bodies obliged to provide information related to the scope of their powers under this Act shall be state authorities, territorial self-administration entities and their autohorities, and public institutions. (2) Such obligated bodies shall also include the bodies that have been authorized by the law to decide entrusted by the law with making decisions on the rights, legislatively protected interests or duties of natural persons and legal entities in the public administration sector. Such duty applies solely to the scope of their discretionary powers." | Private bodies that receive public funding are not included. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | NO | 2 | N/A | The constitutional frame in Czech republic sets, that the obligations shall be done only by law. When the obligation to "provide reasons for their requests" is not set, it means, that requesters are not required to provide it. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | NO | 0 | Section 14 - Procedure for the submission and processing of written requests for information Section 14 1 and 2: "(1) A request shall be deemed submitted on the date of receipt by the obligated body. (2)The request must clearly indicate to which obligated body it is addressed and that the applicant requests the provision of information under this Act.". | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | Section 13 - Request for the provision of information "(1) The request for the provision of information may be submitted orally or in writing, including telecommunications media networks or services of electronic communications." | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | YES | 2 | Section 4. "(3) If information are provided based on a request, they shall be provided in formats and languages defined in the request for information provision, unless stated otherwise herein. The obligated bodies are not obliged to change the format or the language of the information if such change represented undue burden for the obligated body; in such cases, the obligated body shall satisfy the request by providing the information in the format or language in which they have been created." | |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | The law does not include the saying "as soon as possible", but the deadline is 15 days. |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | Section 14.5. "d) shall provide the requested information no later than 15 days from the receipt or completion of the request unless it decides under Section 15; if license under 14a is necessary, it shall submit a final license offer to the applicant within this time limit." | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | Section 14 "(7) Based on serious reasons, the obligated body may extend the time limit for information provision may be extended under paragraph 5d), however, for no longer than ten days. Such serious reasons are :a) the retrieval and collection of the requested information in other offices separate from the office processing the request, b) the retrieval and a collection of a large volume of separate and different information requested in a single request, c) consultations with another obligated body that has a substantial interest in the decision on the request, or between two or more parts of the obligated body with a substantial interest in the object of the request." | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | Section 17 - Cost recovery "(1) In connection with the provision of information, the obligated bodies are entitled to require payments in an amount not exceeding costs incurred in connection with the retrieval of information the copying, obtaining data carriers and delivery of the information to the applicant. The obligated body may also require payments for extraordinarily extensive information retrieval." | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | YES | 2 | Section 17 - Cost recovery "(1) In connection with the provision of information, the obligated bodies are entitled to require payments in an amount not exceeding costs incurred in connection with the retrieval of information the copying, obtaining data carriers and delivery of the information to the applicant. The obligated body may also require payments for extraordinarily extensive information retrieval." | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned. |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | Section 14a. "(1) If information subject to copyright protection 2b) is to be provided based on licensing or sublicensing agreement and the property rights for the subject of the copyright protection are exercised by an obligated body not listed in Section 11 paragraph 5, all matters not governed by this Act shall be processed under the Intellectual Property Act 2b). (2) The authorization fees for the use of information must not exceed the fees under Section 17, unless stipulated otherwise in a special legal regulation or a licensing agreement between the obligated body and the party that transferred the right to handle the subject of copyright to the obligated body." | |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | NO | 0 | Section 2. "3) This Act shall not apply to the provision of personal data and information under a special law information - subject-matter of industrial property 1a), and other information if a special law1b) regulates their provision, namely the processing of requests, including their elements and the manner of request submission, time limits, remedies and the manner of information provision . (4) The duty to provide information shall not apply to questions about opinions, future decisions and the creation of new information." | |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 8 | Section 2.3. "(3) This Act shall not apply to -disclose subject-matter of industrial property 1a), and other information if a special law1b) regulates their provision, namely the processing of requests, including their elements and the manner of request submission, time limits, remedies and the manner of information provision." Section 11 - Other restrictions to the right to information. "(1) The obligated body may restrict the provision of information if such information: a) apply solely to internal instructions and staffing regulations of the obligated body, or b) are new information ascertained during the preparation of a decision of the obligated body, unless stipulated otherwise by law; this shall apply only until the preparation is completed by the decision, c) was provided by the North Atlantic Treaty Organization or the European Union, which is in the interest of national security, public safety or protection of the rights of third parties protected by those originators marked "NATO unclassified" or "LIMITE" and in the Czech Republic is this designation respected of the reasons for the fulfillment of obligations Czech Republic from membership in the North Atlantic Treaty Organization or the European Union, if the originator did not provide consent to disclose the information. (2) The obligated body shall not provide information: a) if such information have been created without the use of public funds , have been supplied by a person who is not obligated to do so under the law, unless such person has given his/her consent with the provision of such information, b) until the next term, if such information is published by the obligated body pursuant to a special law 9) in pre-determined regular cycles, or c) if such provision represents a breach of the protection of rights of third parties to subjects of copyright 2b). (3) Information received by the obligated body from a third party in the course of performing tasks within its control, supervisory, surveillance or similar activities under a special legal regulation 11) pursuant to which the information are subject to the duty of confidentiality or any other procedure protecting such information from disclosure or misuse, shall not be provided. The obligated body shall only provide the information that arose from its activities connected with the performance of its tasks. (4) Furthermore, the obligated bodies shall not provide information on a) pending criminal proceedings, b) decision-making activities of the courts except for judgments , c) tasks performed by intelligence services 12), d) the preparation, course and review of results of inspections at the Supreme Audit Office bodies, e) activities of the Ministry of Finance under the Act on Certain Measures against Money Laundering and Terrorist Financing or the Act on implementation of international sanctions. 12a) The provisions of special laws 13) regarding the provision of information in the aforementioned areas shall not be hereby affected. (5) The obligated body shall not provide information protected by copyright and related rights (hereinafter "copyright") 2b), if they are held by: a) radio or television broadcasters who operate their broadcast based on special legal regulations 13a), b) schools and educational facilities that are part of the education system under the School Act 13b) and under the University Act 13c), c) libraries providing public library and information services under the Library Act 2a) d) Academy of Sciences of the Czech Republic and other public institutions that are recipients or co-recipients of research and development support from public funds under the Research and Development Support Act 13d), or e) cultural institutions administering public funds such as museums, galleries, theatres, orchestras and other art companies. The provision of such information under special regulations is not affected hereby. (6) The obligated body shall not provide information on the activities of bodies active in criminal proceedings, including information from the files, including documents, in which no criminal proceedings, documents, materials and reports on the progress of the investigation of a notifications, resulting from the activities of these authorities to protect the safety of persons, property and public order, crime prevention and the fulfillment of tasks under the Criminal Procedure Code, if it would threaten the rights of others or the capacity of law enforcement to prevent crime, search or detecting crime or prosecute criminal offenses or provide security of Czech republic. The provisions of other laws on the provision of information are not affected hereby." | |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | Section 12 - Terms of restrictions. "The obligated body shall apply all restrictions to the right to information by providing the requested information including any supporting information, following the exclusion of all information that are to be excluded under the law. The right to deny information shall apply solely within the duration of the existence of the reason for such denial. In justified cases, the obligated body shall verify whether the reason for denial continues to exist." | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | Section 12 - Terms of restrictions "The obligated body shall apply all restrictions to the right to information by providing the requested information including any supporting information, following the exclusion of all information that are to be excluded under the law. The right to deny information shall apply solely within the duration of the existence of the reason for such denial. In justified cases, the obligated body shall verify whether the reason for denial continues to exist." | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | Section 15 (2). "(2) If the request has not been satisfied for the reasons of trade secret protection under Section 9 or the protection of the rights of third parties to the subject of copyright under Section 11 (2) c), the decision justification must indicate who exercises the right to this trade secret or who exercises property rights to this subject of copyright, if the party is known to the obligated body." | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Section 16 - Appeal "(1) An appeal may be filed against the decision on request rejection of the obligated body.(2) The obligated body shall submit the appeal and file documentation to the superior body within 15 days of the receipt of the appeal." | |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | Section 16 - Appeal "(4) In court review of an appeal decision based on charges under special legal regulations, the court shall review whether there are reasons to reject the request. If there are no reasons to reject the request, the court shall repeal the appeal decision and the decision of the obligated body on the request rejection and shall order the obligated body to provide the requested information." | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | N/A | The applicant shall apply for the appeal by the Administrative Procedure Code (APC CZ) (see section 20 FOIA CZ). FOIA as regard appeal states only deviations from APC CZ (section 16 FOIA CZ). Appeal is governed by section 81 APC CZ and following. The costs of proceeding by APC CZ are governed by § 79 APC CZ. Paragraph (3) states, that administrative authority bear their own costs. For submitting appeal there is no fee. |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | Section 17 "(3) If an obligated body requires cost recovery for information provision, it shall notify the applicant of this fact and the amount due prior to information provision. The notification must clearly indicate based on what facts and in what way the amount due was calculated by the obligated body." Section 16a. "(1) A complaint on the information request processing procedure (hereinafter "complaint") may be submitted by an applicant who a) disagrees with the processing of the request in a manner stated in Section 6, b) has not been provided with information or a final licensing offer and a decision on request rejection had not been issued following the time limit expiry under Section 14 (5) d) or 14 (7). c) has been provided with incomplete information and no decision on rejection was issued for the rest of the request, or d) disagrees with the amount of fees communicated under Section 17 (3) or the amount of fees under Section 14a (2) required in relation to information provision. (2) A complaint may be submitted in writing or orally, if the complaint is submitted orally and cannot be processed immediately, the obligated body shall issue a written record thereof. (3) A complaint shall be submitted to the obligated body within 30 days of a) the receipt of a notification under Sections 6, 14 (5) c) or 17 (3), b) the expiry of the time limit for information provision under Sections 14 (5) d) or 14 (7). (4) The decision on the complaint shall be made by the superior body. (5) The obligated body shall submit the complaint and file documentation to the superior body within 7 days of the day it received the complaint, unless it fully satisfies the complaint within this time limit by providing the requested information or a final licensing offer or issuing a decision on request rejection. (6) When deciding on a complaint under paragraphs 1 a), b) or c), the superior body shall review the steps of the obligated body and shall decide a) to confirm the steps taken by the obligated body, b) to order the obligated body to process the request or to offer to the applicant a final licensing offer within the stipulated time limit which may not exceed 15 days of the receipt of the decision of the superior body, or c) takes the matter over by a resolution and provides the information itself or issues a decision on request rejection; this procedure cannot be used for the agencies of territorial self-administration entities within the scope of their independent powers. (7) When deciding on a complaint under paragraph 1 d), the superior body shall review the steps of the obligated body and shall decide a) to confirm the amount of the payment or fees, b) to reduce the amount of the payment or fees; this procedure cannot be used for the agencies of territorial self-administration entities within the scope of their independent powers, or c) to order the obligated body to arrange remedy within the stipulated time limit which may not exceed 15 days of the receipt of the decision of the superior body, in case of payment or fees for the provision of information by a territorial self-administration entity within its independent powers. (8) The superior body shall decide on the complaint within 15 days of its receipt. (9) The applicant and the obligated body are notified of decisions under paragraphs 6 and 7. Appeals cannot be made against decisions issued under paragraphs 6 and &. However, if it is a decision under paragraph 6 c), appeals are inadmissible only if the decision was made by a superior body designated under Section 178 (2) last sentence of the Rule of Administrative Procedure or under Section 20 (5) herein. (10) If information under paragraph 6 c) is provided, the applicant may take steps corresponding to paragraphs 1 a) or c)." | In case of administrative silence (inactivity), or in case of partial release of information, when the remaining part of information requested is in state "administrative silence", or when you disagree with the amount of fees communicated under Section 17 (3), you will use "Complaint" see Section 16a Czech FOIA. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | Section 14. "5) The obligated body shall review the contents of the request and: a) if the lack of data about the applicant under the paragraph 2 hinders the information request processing procedure hereunder, namely under Sections 14a or 15, the applicant shall be asked within 7 days of request submission to complete the request; should the applicant fail to satisfy this call within 30 days of its receipt, the request shall be suspended , b) if the request is incomprehensible, fails to indicate clearly what information is being requested or if its wording is too general, the obligated body shall ask the applicant to clarify the request within seven days of the submission date; should the applicant fail to do so within 30 days of the receipt of the call, the obligated body shall decide on the rejection of the request, c) if the requested information does not apply to the scope of powers, the obligated body shall suspend the request and shall notify the applicant of this justified fact within 7 days of request receipt , d) shall provide the requested information no later than 15 days from the receipt or completation of the request unless it decides under Section 15; if license under 14a is necessary, it shall submit a final license offer to the applicant within this time limit." | It is able to submit the complaint within 30 days of the expiry of the time limit for information provision under Sections 14 (5) it is 15 days from request delivery. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | N/A | Not mentioned. |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | N/A | Not mentioned. |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Obligated bodies are not required to appoint neither dedicated officials nor units. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 5.2 "b) lists of main documents, namely of conceptual, strategic and programmatic nature, that may be provided under this Act, including the potential draft licensing agreements 2b) under Section 14a, in order for anyone to be able to inspect them and obtain a copy or an excerpt." | |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Section 5.2 "b) lists of main documents, namely of conceptual, strategic and programmatic nature, that may be provided under this Act, including the potential draft licensing agreements 2b) under Section 14a, in order for anyone to be able to inspect them and obtain a copy or an excerpt." | |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Section 5.1 "g) the obligated body's annual report on activities related to the provision of information in the previous year (Section 18)." Section 18 - Annual report. " (1) By March 1 every year, each obligated body shall publish an annual report on its activities related to the provision of information hereunder in the previous year. Such report shall include the following data: a) the number of requests for information submitted and the number of decisions of request rejection issued, b) the number of submitted appeals against decisions, c) a copy of essential parts of each court judgment reviewing the legality of the obligated body's decision on request rejection and an overview of all expenses incurred by the obligated body in relation to court proceedings on the rights and responsibilities hereunder, including staffing costs and legal representation costs, d) list of exclusive licenses granted, including justifications of the necessity to grant exclusive licenses, e) number of complaints submitted under Section 16a, reasons for their submission and a brief description of the manner of their handling, f) other information related to the application hereof. (2) If the obligated body is obliged by a special law to submit a public annual report on its activities, the data specified in paragraph 1 shall form a separate part of the report named "Provision of information under Act no. 106/1999 Coll. on free access to information"." | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned. |
