acknowledgement, or shall be dispatched by mail with advice of delivery.
Section IV
Appeal of Decisions and of Refusals of Access to Public
Information
Cognizance upon Appeal of Decisions Regarding Access or Refusal of
Access
Article 40. (1) (Amended, SG No. 30/2006, SG No. 49/2007) Any decision to grant access to public information or
to refuse access to public information shall be appealable before the administrative courts or before th Supreme Administrative
Court according to the procedure established by the Administrative Procedure Code, depending on which public authority has
issued the act.
(2) (Amended, SG No. 30/2006, SG No. 39/2011) Any decision to grant access to public information or to refuse
access to public information by any entity covered under Article 3 (2) herein shall be appealable before the administrative
courts according to the procedure established by the Administrative Procedure Code.
Competence of Court Considering Appealed Decisions
Article 41. (1) In the cases where the court establishes legal non- conformity, the court shall revoke the decision
appealed in whole or inpart, ordering the public authority to grant access to the public information requested.
(2) In the cases covered under Paragraph (1), access to the public information requested shall be granted according to
the procedure established by this Act.
(3) Upon appeal of a refusal of access to public information in pursuance of Item 1 of Article 37 (1) herein, the court
may, sitting in camera, demand the public authority to adduce the requisite evidence substantiatingthe said refusal.
(4) (Amended, SG No. 45/2002) In the cases referred to in Paragraph (3), the court shall pronounce on the legal
conformity of the refusal and on theplacement of a security marking.
Chapter Four
(New, SG No. 49/2007)
PROCEDURE
FOR
INFORMATION
RE-USE
OF
PUBLIC
CHAPTER
Section I
Provision of Public Sector Information for Re-use
Conditions for Provision of Public Sector Information for Re-use
Article 41a. (New, SG No. 49/2007) (1) Public sector information shall be provided in a format and in a language in
which the said information was collected or created, as the case may be, or in another format at the discretion of the public
sector body.
(2) Public sector bodies shall not be obligated to provide information for re-use where this requires the creation,
collection or processing of such information or where this is related to provision of extracts from documents where this would
involve disproportionate effort, going beyond a simple operation.
(3) Public sector bodies shall not be obligated to continue the creation or collection of a certain type of information for
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