Specyfika identyfikacji charakteru i zakresu jawności informacji z perspektywy obowiązku ochrony tajemnic ustawowych
The specificity of identifying the nature and scope of disclosure of information from the perspective of the obligation to protect statutory secrets

Summary/Abstract: The fundamental issue raised in this elaboration is to identify the scope and essence of systemic solutions that serve to define secrets and the specifics of their systemic protection. For, on the one hand, an individual has the right to obtain and disseminate information basing his demand directly on the basis of existing regulations (constitutional - Articles 14, 54, 49, 61, 73, 74 paragraph 3 of the Constitution of the Republic of Poland of April 2, 1997), on the other hand, it becomes important not only to ensure adequate protection of privacy and personal data of an individual (Articles 47 and 51 of the Constitution of the Republic of Poland), but at the same time a number of statutory secrets. It is important in this regard to take into account that the essence of transparency, including the principle of openness of information about the functioning of entities of the public sphere, including persons representing them, cannot be equated with a rule from which there are no exceptions.

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