ograniczenie jawności publicznej

  • Constitutional Right of Citizens to Know about the Activities of Public Authorities from the Perspective of Selected Aspects of the Protection of Classified Information

    Author: Robert Zapart
    E-mail: robert.zapart@onet.poczta.pl
    Institution: University of Rzeszów
    ORCID: https://orcid.org/0000-0002-3590-1189
    Year of publication: 2020
    Source: Show
    Pages: 633-642
    DOI Address: https://doi.org/10.15804/ppk.2020.06.52
    PDF: ppk/58/ppk5852.pdf

    The implementation of the constitutional right of citizens to obtain information about the activities of state authorities, in particular, in the sphere of state security, causes many problems resulting from the application of the Act on the Protection of Classified Information. The measures adopted in the Act, promoting the rights of the community at the expense of the rights of individuals, pose a risk of its instrumental use for political purposes. The reduction of the above-mentioned risk may be supported by a minor correction of the regulations in force, as postulated by the author of the article, which includes an increase in external supervision over the marking of materials containing information intended for protection, which does not undermine the grounds for restricting the transparency of public activities, permitted by the international law and by the Constitution of the Republic of Poland, and required from the perspective of public safety. The conclusion is that it is difficult to be optimistic about this area due to the observed reluctance of the ruling elites to voluntarily abandon the tools that give them an advantage in public communication.

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