Newsletter

Procedure and Forms

Filing a complaint to the Information Commissioner

When a public authority provides access to information, it does not issue a decision. It issues a decision if it absolutely or partially restricts access to the information, or when it carries out a Proportionality Test and a Public Interest Test. 

A beneficiary may file an appeal to the Information Commissioner against the public authority’s decision to refuse or reject a request within 15 days of the date of delivery of the decision. The appeal is submitted through a public authority. If a beneficiary submits an appeal directly to the Commissioner it will be taken into consideration however the procedure is prolonged because in the first step the complaint is returned to the first-instance body.

According to Article 108 of the General Administrative Procedure Act, in the appeal the party must indicate the decision that it is contesting, the name of the public law body which has adopted the decision, and the reasons why it is dissatisfied with the decision. The provisions of the General Administrative Procedure Act are applied to the implementation of the appeal procedure.

When new facts and new evidence are introduced to the appeal, the party is obliged to explain why it had not presented those acts and evidence during the trial proceedings.

A beneficiary may also file an appeal to the Information Commissioner when the public authority does not issue a decision on his request within 15 days or within the extended period of 15 days (silence of administration).

The Commissioner issues a decision on the appeal within 30 days, or within 60 days (when examining the validity of the Proportionality and Public Interest Test), or 90 days (when dealing with classified information and must consult the Office of the National Security Council).

 

Court protection

The beneficiary, as well as a public authority, may initiate an administrative dispute by filing a lawsuit to the High Administrative Court against the Commissioner’s decision within 30 days of the date of delivery of the decision. The beneficiary may also initiate an administrative dispute when the Commissioner does not issue a decision within the legal deadline.

The Commissioner’s and the High Administrative Court’s decisions are available on the searchable database of decisions and opinions on the Information Commissioner’s website tom.pristupinfo.hr.

 

You can download forms here. (Forms are available in Croatian)

 

Handbook on Access to Information for Information Officers

Information Commissioner, with support of the British Embassy in the Republic of Croatia, prepaired a comprehensive Handbook on Access to […]

Promo

Look at Information Commissioner’s Promo Videos…   

Ostale projektne aktivnosti

Uz potporu Britanskog veleposlanstva u provedbi su projekti Povjerenika: izrada web stranice i promotivnih materijala izrada baze podataka o tijelima […]