Right to Information
Environmental information, within the meaning of the Law, means any information in written, visual, audio, electronic or any other material form on:
1. the state of environmental elements, such as air and atmosphere, water, soil, landscapes, space and natural areas, biological diversity and its components, including genetically modified organisms and the interaction of these elements;
2. factors, such as substances, energy, noise and radiation, and activities and measures, including administrative measures, environmental protection agreements, policies, legislation, plans and programmes, that affect or are likely to affect environmental elements, cost-benefit analyses and other economic analyses and assumptions used in environmental decision-making;
3. the state of human health and safety, living conditions, cultural assets and buildings, to the extent that they are or could be affected by the state of environmental elements or, through these elements, by factors, activities or measures specified in the law;
4. bodies and institutions responsible for the environment.
Active information flow is the provision of timely information on the state of the environment by public authorities that have access to such information and are obliged to provide this information. The Ministry responsible for environmental issues shall provide environmental information in a transparent and effective manner and for this purpose shall use publications in printed and electronic form that are accessible to the public as well as public information instruments.
Passive information flow is access to information, where public authorities are obliged to respond to requests if they are received. The Ministry shall, at the request of an interested party, ensure that information in the field of environmental protection is accessible to the public as soon as possible, and at the latest within 20 days from the date of submission of the request, except in cases where the content and complexity of the information provided justify an extension of this deadline of up to one month. The applicant shall be informed of any extension of the given deadline and the reasons for such extension.
The right to access information may be restricted only exceptionally, in cases prescribed by law, namely when:
1. no administrative authority possesses the requested environmental information;
2. the request is manifestly unfounded or formulated in too general a manner;
3. the request concerns material that is in the preparation phase or concerns internal communication of an administrative body where such exemption from providing information is provided for by another law, taking into account the harm to the general interest of providing the information, or
4. in the event that the information has already been provided to representatives of non-governmental organizations, local communities and the press due to collective public interest. In such a case, the competent administrative body shall direct the applicant where he can obtain the necessary information.
A request for access to information in writing should contain sufficient information on the nature of the information, and finally the name and address of the applicant.