Provođenje testa javnog interesa u primjeni Zakona o slobodi pristupa informacijama u Republici Srpskoj
Public Interest Test Implementation of the Law on Freedom of Access to Information in Republic of Srpska

Author(s): Budimir Petković, Predrag Raosavljević, Filip Novaković
Subject(s): Law, Constitution, Jurisprudence, Media studies, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Public interest test; Free access to information; Release of information;
Summary/Abstract: Free access to information gives every person the right to access information that is under the control of a public authority, while imposing on every public authority the corresponding obligation to publish it. In the event that there are circumstances due to which the authority could exempt certain information from publication, it is obliged to conduct a public interest test, which determines whether the interest of publishing the information or its withholding prevails, since the requested information is in the domain of restrictions of a relative character, where access may or may not be denied. Denying access to information is not justified unless the public authority performs strict three-part test where the burden of proof of the justification of the restriction always falls on the authority in possession or in control of requested information. The aim of this paper is to indicate what exactly the public interest test entails, how it is carried out and what standards it should meet in order to consistently implement the principle according to which information in the possession of public authorities represents the public good. When evaluating the proportionality of interests, key elements that should be considered are whether the requested information indicates any crimes, injustice, abuse of power, negligence in the performance of official duties, non-compliance with legal obligations, unauthorized spending of public funds and danger to the health or safety of the individual, society and the human environment.

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