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Right to access information and right to re-use information

Article 38 Item 4 of the Constitution of the Republic of Croatia guarantees the right to access to information held by any public authorities. Restrictions on the right of access to information must be proportionate to the nature of the need for such restriction in each individual case and necessary in a free and democratic society, as stipulated by law.

The Act on the Right of Access to Information regulates the right to access to information and re-use of information held by public authorities, defines principles, limitations, proceedings and manner of exercising and facilitating access to and re-use of information, the scope, the manner of operation and requirements for appointment and discharge of the Information Commissioner as well as the inspectional supervision of the implementation of the Act.

The Act on the Right of Access to Information distinguishes:
  1. Right to access to information and
  2. Right to re-use information
1. RIGHT TO ACCESS INFORMATION
encompasses the right of users to seek and acquire information, as well as the obligation of public authorities to ensure access to information requested i.e. to disclose information regardless of the request, when so required by the law or other regulations.  This right is granted to any local or foreign natural person or legal entity in an equal manner and under the same terms. This right is exercised by filing a request to the public authority which has to decide upon the request to access to information no later than 15 days since the day the request was dully filed.
 
 
2. RIGHT TO RE-USE INFORMATION
is the use of information of public authorities by natural persons or legal entities, for commercial or non-commercial purposes different from the original purpose for which information has been generated for and which purpose is accomplished as part of the scope of activities determined either by law or other provisions, or as part of activities which are usually considered to represent a public activity. The re-use of information is granted to every applicant for an equal fee and under the same terms. Public authorities must disclose information available for re-use along with meta-data in a machine-readable and open format in order to encourage and facilitate the re-use of public authorities’ information. Public authorities will decide upon the request for re-use of information by a resolution no later than 15 days since the day the request was dully filed.
 
Pursuant to Article 15 Item 1 of the Act on the Right of Access to Information, public authorities shall restrict access to information relating to any proceedings conducted by competent authorities in preliminary and criminal proceedings for the duration of the respective proceedings.
 
Pursuant to Article 15 Item 2 of the Act on the Right of Access to Information, public authorities may restrict access to information if the information is defined according to the law regulating classified information as a classified information; if the information represents a trade or professional secret, according to  the law; if the information represents a tax-related secret, according to the law; if the information is protected by the law regulating personal data protection; if the information is protected by provisions regulating intellectual property unless explicit, written consent of the intellectual property holder has been obtained; if access to information has been restricted according to international treaties or the information relates to the procedure of concluding or accessing to an international treaty or negotiations with other countries or international organisation until the proceeding has been finalised or it relates to information originating from diplomatic relations as well as in other cases specified by the law.
Further on, pursuant to Article 15 Item 3 of the Act on the Right of Access to Information, public authorities may restrict access to information in case of reasonable doubt that disclosure of the respective information might
prevent efficient, independent and unbiased court, administrative or other legally regulated proceedings, and execution of court orders or sentences
prevent the work of authorities conducting administrative supervision, inspectional supervision, i.e. lawfulness supervision.
 
In addition, pursuant to Article 15 Item 4 of the Act on the Right of Access to Information, public authorities may restrict access to information:
if the information is in the course of being generated by one or several public authorities, and if its disclosure prior to completion of the complete and final version thereof might seriously undermine the process of its completion;
if the information has been generated while still being agreed upon during the drafting of legislation and of other acts as well as during exchange of views and opinions within one or several public authorities, and if its disclosure might lead to wrong interpretation of the content of the information, jeopardise the legislation or act drafting or freedom of opinion or expression.