Frequently asked question on FAI

·                     WHO MAY ASK FRO INFROMATION?

Everybody has a right to ask for information under the same conditions no matter if it is local or foreign citizen. Information may be asked from physical or legal entity.

·        WHAT SHOULD THE REQUEST CONSIST OF?

Submitter in its requests states next:
- name of the organ to whom request is being addressed to;
- data about requested information;
- way on how it is desirable to access information;
- name, surname, abode or residence, or seat if submitter is legal entity.

Submitter of request may, but do not have to, state other data which may easier finding of requested information.
When sending the request, submitter should exactly know which organ owns the information; otherwise the request may be rejected due to non competence, which would only make procedure longer. If submitter of the request is legal entity and if uses its own memorandum, it must be signed by authorized person. The Law does not state that the request must be signed. Data that submitter is stating in the request are not for identification, but as contact information. However, having in mind appeal and juridical process, still the data may be useful.

·                      WHAT F THE REQUEST IS INCOMPLETE OR UNTIDY?

If the request is incomplete (do not contain all necessary information), or unclear in sense of what is asked for, Governmental organ is obligated to invite submitter of the request to remove defect within period of 8 days from the day that call for removal of defect was delivered to submitter.  In call for removal of defect Governmental organ is obliged to give guidelines on what way defects must be removed. If submitter after deadline expiring of 8 days does not remove defects, Governmental organ will bring the conclusion where the request will be rejected as untidy.

·                     HOW TO SUBMITT THE REQUEST?

The request may be submitted in written form, directly, by mail, or electronic mail. If postal service is being used for request sending, it would be desirable that submitter of the request uses letter with returnee. Only then submitter may be completely sure that its request has been delivered to organ to which information is being asked from, in case such confirmation is needed in case of later, after giving or lack of answer, procedure (appeal process, complaint process). It is also important fro deadlines, because from the day of convey it starts to flow deadline in which Governmental organ must act according to request. To send the request it may also be used e-mail or fax. On all details regarding request sending (contact details, such as phone, fax number, e-mail address or organ’s seat, types of information in ownership of each organ, authorized person for processing requests ) submitter may be informed trough guide owned by organ addressed.(Guides of some Governmental organs may be downloaded from our web site )

·                      WHEN CAN I EXPECT THE ANSWER?

Decision on free access to information Governmental organ is bringing immediately, latest in 8 days long period. It means that Governmental organ is obliged, by bringing the decision, to inform submitter of request whether access to information is approved. There are two exceptions from this deadline: First exemption is case when the information relates to life protection or freedom of a person, when Governmental organ is obliged to bring decision immediately and latest in 48 hours.

Other exemption is case when Governmental organ, from justified reasons is not in a position to act according to the request in period of 8 days. Those reasons may be comprehensiveness of requested information, difficulty in finding them, and by that regular work of Governmental organ would be significantly perturbed. N these cases deadline for bringing and delivering decision may be prolonged to 15 days.   

·                     HOW MUCH DOES IT COST TO ACCESS THE INFORMATION?

Decision making with which Governmental organ informs submitter of request whether requested information is in its possession and whether access is approved is free of charge.

Submitter of request is obliged to pay real costs  related to realization of  rights to access the information. Those real costs relates to rewriting, copying, translation and delivering the information. In order to realize access to information it is needed to pay all procedure costs on the way foreseen by Governmental organ.

·                     WHAT ARE ALL WAYS I MAY REALIZE ACCESS TO INFROMATION?

When sending the request submitter is obliged to write the way it would like to access the information to. Access to information owned by Governmental organ may be realized on different ways:

-          by a direct insight into documents containing asked information in official premises of Governmental organ in certain time and on certain way;
- by insight in public records, original and copy of information;
- by rewriting information on behalf of submitter of request in official premises of Governmental organ;
- by  rewriting, copying or translating information from Governmental organ and by conveying transcription, copy or translation to submitter of request personally or by mail or electronic mail – depending on submitter wish made in its request.
If access to information or its part is limited Governmental organ can not reject access to information in its whole. Access to information will be approved after deleting part where there is limitation on, or prohibition of access.

-          If requested information is already available to public (published in SL. List, on advertisement board or on internet), Governmental organ is obliged to instruct submitter to where this information is available.

·                     For more details please see our guide