MOŽNOSTI ZVEREJNENIA INFORMÁCIÍ V ZMYSLE ZÁKONA O SLOBODNOM PRÍSTUPE K INFORMÁCIÁM


PATRÍCIA TOMÁŠOVÁ

Katedra ústavného práva a správneho práva, Právnická fakulta Univerzity Pavla Jozefa Šafárika
v Košiciach


MÁRIA KIOVSKÁ



Key words

right to information, access to information, trade secret, confidential information


The matter of publicity and process of making information available is regulated by Free
Information Access Act No. 211/2000 Coll. The purpose and meaning of the act is to realize and help
to realize the constitutional right to information in full. It is not possible to interpret the act
in other way than  which enables realisation of constitutionally guaranted rights to information in
full. This obvious principle is to take into account at explanation of provisions of Free
information Access act and their application in practise, mostly in cases, when there is their
alternative explanation possible.

The constitution of Slovak republic guarantees the possibility of limitation of Access to specific
information, if conditions of art. 26 par. 4 of Constitution of Slovak republic  are fulfilled.
Free information Access act sets certain categories of information, to which access may be limited,
although so-called obliged person would otherwise have the duty of publication or making
information available. In the given category are included also information, that create the object
of trade secret in the meaning of Commercial Code. However, Free information Access act does not
limit access towards those information, meant by contractual parties as confidential. However, if
the information meets the condition of access limitation given by the Constitution of Slovak
republic, i tis possible to reject access to them, even the information is not included in the
specific category of Free information Access act.


Contac – email:

patricia.tomasova@upjs.sk