Antinomije u hrvatskom zakonodavstvu na području informacijskoga upravnog prava
Antimony in Croatian Legislation in the Field of Information Administrative Law

Author(s): Alen Rajko
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; information access; legislation; antinomies; personal data protection; Republic of Croatia;
Summary/Abstract: The area of (in)accessibility of information is connected with strong interests. If we stick to the sphere of legitimate interests, the availability of information is necessary first of all for quality of decision-making, for the preservation and expansion of the space of freedom, and for control over public authorities. On the other hand, the unavailability of certain information is necessary for the protection of privacy, and in some cases to protect the public interest. Although the regulation of (in)accessibility of information is "scattered" throughout the system of positive law, most of that regulation is concentrated in the rules of administrative law, primarily in the area of access to public sector information, protection of personal data, official secrecy, archival service, the system of state administration and local self-government, administrative procedure and administrative segments of the media law. Apart from a very fragmented legislation, antinomies between laws regulating access to information, protection of personal data, official secrecy and the legal position of journalists also make difficult the achievement of the purpose of regulation concerning the information administrative law in the Republic of Croatia. This threatens the fulfillment of standard of legal certainty, and ultimately poses a threat to the exercise of rights recognized under the mentioned laws. For the purpose of complete contextualization of analysis, the author first defines the information administrative law and its basic institutes, as well as the applicable legal framework in Croatia. The author then analyzes the main antinomies and offers options for solving them.

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