An association’s request for data on public information access was denied by Poland’s Constitutional Tribunal, citing “processed information.”
The Association’s Request
In July 2023, an association asked Poland’s Constitutional Tribunal for detailed information on its handling of public access requests in 2022. This included the number of requests received, fulfilled, denied, and the most common reasons for refusal. The association also inquired about administrative complaints against the tribunal and whether it employed a dedicated officer for such requests, aiming to create a national transparency report.
Tribunal’s Rejection
The tribunal classified the requested data on request numbers and denial reasons as “processed information.” It demanded the association prove disclosure served a “particular public interest.” When the association argued its 20-year history in transparency advocacy justified the request, the tribunal refused, stating the data couldn’t be generated automatically and would hinder its core work. It also disputed the association had demonstrated sufficient public interest.
Court Rulings
The Warsaw Regional Administrative Court upheld the tribunal, agreeing the data constituted processed information requiring laborious analysis. It ruled the association’s right to represent public interests wasn’t enough to justify receiving such processed data. The Supreme Administrative Court later rejected the association’s appeal, finding its arguments flawed and noting criticisms of the lower court’s factual assessment should have been procedural, not substantive.
