(1) By way of derogation from Article 33(2) of this Act, public authorities may grant the
exclusive right to information re-use if and when absolutely necessary for the provision of a
public service or other services in the public interest. The validity of the reasons for granting
such exclusive right shall be subject to regular verification by the Commissioner and shall be
verified at least every three years.
(2) All stipulated data on the approval and verification of any agreements on the grant of the
exclusive right of information re-use shall be submitted to the Commissioner within 15 days
from their conclusion. The Commissioner shall keep publicly available records of all the
exclusive rights granted.
(3) Detailed criteria for the re-use of information and the grant of exclusive rights referred to
in paragraph 1 of this article, as well as the contents and manner of publication and the related
recordkeeping, shall be stipulated by the rules of the minister competent for general
administration affairs.
VII. INFORMATION COMMISSIONER
Information Commissioner
Article 35
(1) The Commissioner shall protect, monitor and promote the right of access to information
guaranteed by the Constitution of the Republic of Croatia.
(2) The Commissioner may not be held accountable, put in custody or punished for any
opinion expressed or action taken within the scope of his or her work, except in the event of a
violation of law representing a criminal offence by the Commissioner.
(3) The Commissioner shall:
– perform the tasks of a second-instance body in deciding on the appeals concerning the
exercise of the right of access to information and the right of information re-use;
– supervise and conduct inspection supervision of the implementation of this Act;
– monitor the implementation of this Act and regulations governing the right of access to
information, and report to the public on their implementation;
– propose measures to public authorities for improving the exercise of the right of access to
information, regulated by this Act;
– inform the public of the exercise by the beneficiaries of their right of access to information;
– propose measures for professional training and enhancement of the information officers at
public authorities, and informing them of their obligations in relation to the application of this
Act;
– initiate the adoption or amendment of regulations for the purpose of implementing and
improving the right of access to information;
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