Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
In the course of EU accession negotiations Croatia harmonised its media legislation to European standards. This process touched also legislation on access to public information which has been amended to reflect European and international standards.
Croatia thus adopted its law on the Right of Access to Public Information in 2013, after a decade of advocacy, campaigns, and public discussions led by civil society organisations. However, despite the improvements of the legal framework regulating access to public information, problems remain in the implementation, especially for journalists willing to request and obtain information from the government.
Legal framework
In Croatia, access to public information has become a constitutional right with the 2010 amendments of the Constitution. It is regulated by the Law on the Right to Access Information adopted by the Croatian Parliament in 2013. The Law also regulates the re-use of information held by public authorities. The Law complies with the Directive 2003/98/EC of the European Parliament and of the Council on the re-use of public sector information and with Regulation 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.
According to the Law, the right of access to information encompasses the right of the beneficiaries, i.e. any local or foreign natural person or legal entity, to seek and acquire information, as well as the obligation of public authorities to guarantee access to requested information, regardless of the request.
The Croatian law on Access to public information is in informed by four principles:
the principle of publicity and free access, meaning that information are available to any national or foreign natural persons or legal entity as established by the Law; the principle of timeliness, entirety and accuracy of information, meaning that information disclosed under the Law must be timely provided, complete and accurate; the principle of equality, meaning that the right of access to information is granted to every beneficiary in an equal manner; the principle of disposal of information, meaning that beneficiaries that obtained the information in accordance with the Law, are entitled to disclose this information in public.
Public bodies are obliged to publish on the Internet the following relevant information: laws and other regulations in their field of activity, including draft proposals of laws; general acts and decisions affecting the interests of beneficiaries; annual plans, programmes, strategies and financial reports referring to the work of public authority bodies; information on budget, financing sources and subsidies; information on their internal organisation; notes and conclusions from official sessions; information on public procurement and tenders; information on the way of exercising rights of access to and re-use of information, including contact details of the Information Commissioner and the fee required to access and re-use of information.
For the purpose of ensuring the right of access to information, the Law establishes that public bodies are obliged to appoint an Information Commissioner, a special official in charge of resolving the issues emerging from the exercise of the right of access to information. Specifically, the Information Commissioner shall conduct the tasks connected to disclosure of public information in accordance with the Law, including providing the necessary assistance to applicants, improving the manner of processing, classification and safe-keeping of the information, and maintaining the Information Commissioner Register.
Restrictions to the right of access to information
Public authority bodies may restrict access to information if:
the information has been classified, in accordance with the law regulating classified information;
if the information represents a trade or professional secret;
in the information is a tax-related secret;