London, 25th of May, 2006

Access to Public Information in Slovenia

Nataša Pirc Musar,

Information Commissioner

London, 25th of May, 2006

• Constitutional framework– Article 38: protection of personal data is guaranteed

– Article 39: freedom of speech and right of access to public information are guaranteed.

• Constitutional right of PDP is embodied in the Personal Data Protection Act (PDPA).

• Constitutional right of access to public information is embodied in the Access to Public Information Act (APIA).

Access to Public Information in Slovenia

London, 25th of May, 2006

• APIA defines 11 exceptions from publicly available information; personal data (PD) protection is the only exception that is also constitutional right;

• the most common exception is the protection of PD as governed by the PDPA;

• in the previous years 29,4% of the Commissioner’s decisions issued under APIA dealt with the exception of the PD protection.

Access to Public Information in Slovenia

London, 25th of May, 2006

Access to Public Information in Slovenia

THREE BASIC PRINCIPLES FOR OUR WORK:

1. Information “produced” by public institutions in the course of their work are property of citizens (apart from exceptions)!

2. Transparency of public expenditure!

3. Lack of response is unacceptable!

London, 25th of May, 2006

• Novelties of the amended FOIA:– Public interest test (25 countries have it)– Total transparency of public money spending:

“The access to the requested information is sustained:

- if the considered is information related to the use of public funds or information related to the execution of public functions or employment relationship…”

Access to Public Information in Slovenia

London, 25th of May, 2006

• Balance test – public interest test (regarding personal data protection)

• Article 15, Slovenian Constitution “Human rights and fundamental freedoms shall be limited only by

the rights of others and in such cases as are provided by this Constitution.”

– proportionality test (only for balancing constitutional rights)

• 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

Access to Public Information in Slovenia

London, 25th of May, 2006

• Farm subsidies

• Denationalisation process

• Magnetic resonance, subcontract

• Amnesty International, electric pistols – paralisers

• Telekom – privatisation strategy

• Diplomas of public servants

Access to Public Information in Slovenia

London, 25th of May, 2006

Access to Public Information in SloveniaFIVE BASIC PRINCIPLES TO SUCCEED :

1. Penalties, misdemeanour body2. Change mentality of bureaucrats3. Have an Information Commissioner (or

Ombudsman)4. Do not have many absolute exceptions5. Public should “have the guts” to ask

Need to Know Right to Know

London, 25th of May, 2006

www.ic-rs.si

Thank you for your attention!