Poskytování informací ve veřejné správě po nabytí účinnosti zákona č. 241/2022 Sb.
Provision of information in public administration after the entry of Act No. 241/2022 Coll. into force

Summary/Abstract: The article deals with the new Sections 11a(1) and (2) and 11b of the Information Act. In the author's opinion, the new Sections 11a and 11b of the Information Act are unlikely to be very functional legislation. The reasons for this are, in particular, the problematic wording of the headings of the new Section 11a(1) of the Information Act, the problematic wording of the individual reasons for refusal of a request for information, which will be defined in points a) and b) of the new Section 11a(1) of the Information Act, the problematic wording, ambiguity and demonstrative nature of the addendum of the new Section 11a of the Information Act, the fact that the new Section 11a of the Information Act will not provide any legal support that would enable the obliged entities to determine the reason for the request for information, and finally, the number of absolutely vague legal terms. The author is convinced that the legal regulation on the restriction of the right to information under the Information Act could be supplemented with provisions that would be identical to Section 8(3)(b) and (c) of the Environmental Information Act. This legislation would be much more concise than the new Sections 11a and 11b of the Information Act, easier to apply by the obliged entities, more understandable and therefore more acceptable to the information seekers and would follow to a significant extent the conclusions of the existing case law of the relevant administrative courts regarding abuse of the right to information.

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