Zákon o svobodném přístupu k informacím: komentář
| Title in English | Freedom of Information Act: commentary |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Book |
| MU Faculty or unit | |
| Citation | |
| Description | Commentary on the Freedom of Information Act (and its implementing regulations) builds on the successful and widely used first edition from 2016 and the two earlier editions published by the now-defunct Linde Praha, a.s. Over the nearly ten years since the last edition, much has changed in information law. The General Data Protection Regulation entered into force, significantly influencing the approach to personal data protection in connection with information requests. The Act itself has undergone several amendments, two of which can be considered fundamental. The first is Amendment No. 111/2019 Coll., which aligned the Act with the new legal framework for personal data protection. It also substantially expanded the powers of the Office for Personal Data Protection in relation to the Freedom of Information Act, introduced an enforceable information order, and more. The second important change was introduced by Act No. 241/2022 Coll., which transposed Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. This amendment brought several notable changes, such as the protection of equality between parties to administrative proceedings and the protection of certain additional “commercial” information beyond traditional trade secrets. It also had a significant impact on the provision of information on salaries and on establishing mechanisms to protect obligated entities from certain common forms of abuse of the right to information. The Act under commentary is one of the legal regulations whose content is substantially shaped by case law, especially that of the Supreme Administrative Court and the Constitutional Court. Although administrative case law has gradually resolved many difficulties, a whole array of new issues has emerged in the meantime. The commentary therefore offers not only an overview of current judicial opinions but also solutions to new problems that the courts have not yet had the opportunity to address. The commentary is intended primarily for obligated entities, but it will also be useful for information applicants as well as interested members of the professional public. The authors—who currently work in public administration or began their professional careers there—seek to provide a comprehensive interpretation of the Act with regard to practical issues that authorities may encounter or have already encountered. The interpretation is therefore based on administrative case law and the available scholarly literature. The commentary includes an extensive citation apparatus of relevant court decisions. It reflects the legal state and case law as of 31 October 2025. |
| Related projects: |