5) where information is being created within a public authority, and its publication prior to
completing the creation of comprehensive and final information might seriously damage the
process of adopting a decision;
6) where access to information is restricted under international treaties;
7) in other cases stipulated by the law.
(3) Public authorities may restrict access to information if there are grounds to suspect that its
publication might:
1) prevent efficient, independent and unbiased conduct of judicial, administrative or other
legally regulated proceedings, or the execution of a court decision or sentence;
2) prevent the work of any bodies conducting administrative supervision, inspection
supervision or the supervision of legality;
3) infringe on any intellectual property rights, except in the event of expressed written consent
of the author or the owner.
(4) Any information in respect of which the right of access is restricted for the reasons stated
in paragraph 3(3) of this article shall become available to the public on the date specified by
the person to whom the publication of information might cause damage, but no later than 20
years from the day of information creation, unless a longer period has been laid down by law
or other regulation.
(5) If the requested information also includes any data which is subject to the restriction
referred to in paragraphs 2 and 3 of this article, the remaining parts of the information shall be
made available.
(6) The information shall be available to the public on cessation of the reasons for which the
public authority has restricted the access to such information.
Proportionality and public interest test
Article 16
(1) Public authorities competent for acting on the request for access to information referred to
in Article 15(2)(2-7) and (3) of this Act shall, prior to passing a decision, conduct a
proportionality and public interest test. Information owners referred to in Article 15(2)(1) of
this Act shall conduct a proportionality and public interest test prior to passing a decision, and
having previously obtained an opinion of the Office of the National Security Council.
(2) When carrying out a proportionality and public interest test, public authorities shall
determine whether access to information may be restricted for the purpose of protecting any
of the protected interests referred to in Article 15(2) and (3) of this Act, whether enabling
access to the requested information in each individual case would seriously damage such
interest and whether the need to protect the right to restriction or public interest prevails.
Where public interest is found to prevail against the protected interests, the information shall
be made available.
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