DEPUTIES AND ACCESS TO PUBLIC INFORMATION
DEPUTIES AND ACCESS TO PUBLIC INFORMATION

Summary/Abstract: The article discusses deputies’ information-related rights and obligations. It also analysesadministrative courts’ judgments in cases concerning access to public information, in whichdeputies were requesters or addressees of requests. Administrative courts admit the possibilityof exercising the right of access to public information by deputies, but without invoking theperformance of the mandate. At the same time, deputies are not classified as entities obligedto provide public information. The article presents two theses. Firstly, deputies may exercisetheir right of access to public information, revealing their special status. Secondly, deputiesare entities obliged to provide public information, because they exercise public authority,perform public tasks and manage public property. The theses are justified by the linguisticand functional interpretation of constitutional provisions, as well as the Act on Access to PublicInformation and the Act on the Performance of the Mandate of the Deputy and the Senator. Thepaper uses the method of dogmatic and legal analysis and the analysis of Polish administrativecourts’ case law, and it presents de lege lata comments and de lege ferenda proposals.

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