Polish Ombudsman files appeal to Supreme Administrative Court against Warsaw court decision rejecting anonymous public information requests.
Ombudsman Files Appeal to Supreme Administrative Court
As reported in the Ombudsman’s Office communication, the cassation appeal signed by Deputy Ombudsman Stanisław Trociuk concerns a ruling by the Warsaw Regional Administrative Court from August of last year.
The Case: Anonymous Request Rejected
The ruling involved an anonymous request for public information submitted by a citizen to the Main Road Transport Inspectorate. “The authority did not recognize the request, claiming that anonymous requests for public information are not admissible. The first-instance court adopted this position, dismissing the complaint about inaction,” the Ombudsman reported.
RPO’s Argument: Right to Anonymity in Information Access
The Ombudsman, who disagreed with the WSA ruling, argues that requiring identity disclosure for public information requests lacks legal basis in the law. “The admissibility of anonymous requests for public information is significant for many people who, for various reasons, may fear consequences of revealing their identity in public information proceedings,” the statement emphasized.
The Ombudsman’s experience indicates this issue particularly concerns activists, investigative journalists in the initial phase of material collection, whistleblowers, and prisoners directing requests to prison administration. “Depriving these individuals of the possibility of not revealing their identity in public information proceedings would be legally questionable in the Ombudsman’s assessment,” the statement read.
Case Heading to Supreme Court
In the Ombudsman’s view, the issue of identity disclosure when requesting public information lacks foundation in the constitutional right of access to public information. Similar arguments can also be made “on the grounds of the International Covenant on Civil and Political Rights and the European Convention on Human Rights.”
The Ombudsman added that its position was also supported by the social organization participating in the proceedings – Citizens’ Watchdog Poland Association.
Legal Basis and Support
In connection with this, in the cassation appeal, the Ombudsman requested the Supreme Administrative Court to set aside the challenged WSA ruling in its entirety and resolve the case on its merits by changing the ruling in the NSA.