Some information held by state institutions may be restricted only to a limited number of persons. You can still require access to this information, except of those parts or elements of it that indeed qualify for being classified, restricted or protected by special laws.
Restricted information
Restricted information is intended for a limited number of persons who use it to perform their duties and normally only they receive access to it. Disclosure of such information can impair the functioning of state institutions or harm the rights of other persons.
Limited access to certain information can be prescribed by:
- law
For example, information concerning the private life of an individual, confidential information concerning criminal investigations or documents on state security marked as classified. According to the Slovakian law, restrictions apply to the protection of confidential information (state secrecy, service secrecy, facts subject to encoded protection of information, information falling under banking or tax secrecy) and to the protection of personhood and personal data and protection of business secrecy.
- head of the state institution
In this case the head of the institution should explain in a written decision that there is a need to limit access to the information. The explanation should be extended to every piece of information required, it is not sufficient to invoke a general clause, like "the information is restricted by law".
Request
In principle, you can require to be provided information containing restricted data under the same procedure as in the case of any other information falling under the scope of the law. From practical reasons, providing such information is realised mainly in writing, by providing copies of documents where the restricted part is blacked out and the restricted personal data are anonymised.
Time
The same rules apply as in the case of providing open information. The institution should provide the information within 8 days of the receipt of your request. In case you are a person with visual or hearing disability, the time limit is maximum 15 days in order to allow the institution to process the information accordingly. In case when providing information requires additional activities from the institution, the time limit may be extended by 8 further days or, in case of a request requiring special processing, by 15 days.
Fees
In principle, the information should be provided by state institutions free of charge. However, if processing and providing the information requires additional material costs, like copying or mailing costs, these may be charged to you. In any case, the fee for the information cannot exceed the costs incurred by the institution to fulfil your request.
Refusal & Explanation
State institutions can partly or fully deny you access to restricted information. This may, for example, be done to protect the rights of other persons or other important interests. Where a document that falls under the scope of general obligation to provide information defined by law contains elements that are restricted by special laws, the institution is still obliged to provide you the information with the data falling under special regime anonymised. If there is a time-limit set for applying a special regime for certain data, the institution is obliged to provide complete information after the time-limit expires.
Criteria
Whenever a state institution or a court considers whether access to information should be granted or denied, they must balance your rights and interests with other interests protected by the concealment of the information. Therefore, they must evaluate:
- the public importance of the information you would like to receive
- your purpose and reasons for requesting the information
- the potential harm that could be done to the rights of other persons or other important interests if the information is disclosed
Every refusal or denial must be substantiated by a written decision indicating the reasons for denying access to the information requested, the legal basis for such refusal, including a reference to a law or government regulation and the procedure and time-limits for appeal if you disagree with this decision. The reasoning must be very specific, it is not sufficient to invoke general clauses like “providing the information is restricted by law”.
example State authorities may provide an environmental NGO access to general information about a planned wind power park, but might refuse to provide access to technical information in the interest of protecting industrial secrets. However, an absolute denial of access to information in this case would clearly be disproportional.
Some information must not be put under restricted or classified regime, to this category belongs information about:
- wrongful acts or decisions of public officcials and public authorities
- criminal deeds of public officials
- ill treatment and mismanagement of public funds
- causing environmental harm
- income, earnings and other material benefits of public officials
How to complain
Read more about how to complain where you have been denied access to restricted information.