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and these persons’ functions, who took decision under the procedure on making the information available and marking
the entities, in relation to whose goods, defined in Article 5, it. 2, the decision on the refusal to make information
available was issued.
Article 17
1. In cases of settlement concerning the entities obliged to make the information available, which are not the bodies of public authority,
on the refusal of making information available and discontinuance of the proceedings on making the information available the provisions
of Article 16 shall apply.
Article 18
1. The meetings of board bodies of public authorities chosen in general election are open and available.
2. The meetings of the auxiliary bodies, defined in it. 1, are open and available as far as they are regulated by the provisions of the acts
or legal acts issued on their basis or when the auxiliary body decides so.
3. The bodies, defined in it. 1 and 2, are obliged to ensure the premises and technical measures which enable to exercise the right,
defined in Article 3, it. point 3. Where necessary, the audio-visual or telecommunication transmission from the bodies’ meetings should
be provided in accordance with it.1.
4. The limitation of the access to the bodies’ meetings, defined in it. 1 and 2 for premises or technical reasons cannot lead to unjustified
ensuring the access only in case of certain entity.
Article 19
The bodies, defined in Article 18, it. 1 and 2, draw up and make available the protocols and stenograms from their meetings unless they
draw up and make available the audiovisual or telecommunication materials recording in full these meetings.
Article 20
The provisions of Article 18 and 19 shall accordingly apply in relation to board bodies chosen in general elections, auxiliary units of the
local authority and their board auxiliary bodies.
Article 21
To the complaints considered in the proceedings on making public information available the provisions of the Act of 30 August, 2002 –
the Law on proceedings before the administration courts (Journal of Laws No 153, it. 1270) shall apply with the stipulation of the case,
defined in Article 22, however:
1) transferring the files and replies to the complaints shall be made within 15 days of receiving the complaint,
2) the complaint is considered within 30 days of receiving the files alongside with the reply to the complaint.
Article 22
1. The entity, which was denied the access to the public information in respect to its exclusion of its openness when quoting the
protection of personal data, the right to privacy and the secret other than state, official, treasury or statistical secret, is entitled to put
an action to the court for making such information available.
2. The entity, to which the exclusion of public information is related, has a legal interest in commencing as an accidental intervener on
the defendant’s side.
3. The competent court for resolving the cases, defined in it. 1, is the district court with respect to the seat of the entity, which refused
to make the public information available.
Article 23
Whoever, contrary to the obligation weighing on him, shall not make the public information available, is subject to fine, penalty of
restricted liberty or penalty of deprivation of liberty for up to one year.
Chapter 3
Provisions on amending the existing provision , transitory and final provisions
Article 24
In the Act of 26 January 1984 – the Law on Press (Journal of Laws it. 24, of 1988, no 41, it. 324 of 1989 no 34, it. 187, of 1990 no 29 it.
173 of 1991 no 100, it. 442 of 1996 no 114, it 542 of 1997 no 88 it. 554 and no 121, it. 770 and of 1990 no 90, it. 999) the following
amendments are introduced:
1) the Article 3a is added in the wording:
“Article 3a. Within the scope of the right of access to public information the provisions of the Act of 6 September, 2001 on access to
public information shall apply (Journal of Laws No 112, it. 1198).”
2) in Article 4:
a) it. 1 obtains the wording:
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