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Pristup informacijama kroz arhivsko zakonodavstvo
Access to the information through archival legislation

Author(s): Hatidža Fetahagić
Subject(s): Law, Constitution, Jurisprudence
Published by: Arhivističko udruženje Bosne i Hercegovine AUBiH

Summary/Abstract: Archival activity in Bosnia and Herzegovina has a fairly uniform and similar legislation throughout the territory. The right of access to information is practiced for any citizen, and it is accomplished by submitting a written request to the competent public authority or institution or any other legal entity that owns the information. However, this right can be denied in cases specified by law. Law on free access to information is considered as the basic conditions for the construction of any democratic society, that government should make it more transparent and accountable to the public, where all information held by public authorities, a denial of information provision is an exception. What is missing in this Act is the part that would better regulate the process of filing and resolving complaints in case a person is deprived of getting an information. Archival material that is in the archives is mainly public, and as such can be made accesible for using 30 years after its formation, when the same should be taken into custody by the relevant archives. When it comes to archival materials that relate to personal data, then the archival legislation specifies that the same may be used by other persons 70 years after creation or 10 years after the death of the person to whom the information pertains, or sooner if permitted by families concerned, or you can use the data without personal names. The issue of protection of personal data, except for archival legislation is more accurately treated by the Law on Personal Data Protection. Particular attention should be given to archival legislation and marking of confidential documents, which are sometimes found in the archives of public funds, and that was due for declassifying.

  • Issue Year: 2011
  • Issue No: 41
  • Page Range: 142-148
  • Page Count: 7
  • Language: Bosnian