The right to access to information and the reuse of information are exercised pursuant to the Act on the Right of Access to Information (Official Gazette, Nos. 25/13, 85/15).

Application

The right to access to information is exercised by submitting an oral or written application to the competent authority.

If the application is submitted orally or by telephone, an official note shall be drawn up, and if it is submitted by electronic communication, a written application shall be deemed to have been submitted.

The written application contains: name and seat of the public authority to which the application is submitted, data that are important for identifying the requested information, name and address of the natural person the applicant, company, i.e. name of the legal entity and its seat.

The applicant is not obliged to state the reasons for requesting access to information, nor is he/she obliged to refer to the application of this Act.

Seeking the review of the entire case file, explanations or instructions related to the exercise of a right or performance of an obligation, analysis or interpretation of a regulation, as well as the creation of new information is not considered an application for access to information.

Deadlines

Pursuant to the application for access to information, the public authority body shall issue its decision within 15 days from the date of submission of an orderly application. In the case of an incomplete or incomprehensible application, the public authority body shall without delay request the applicant to make corrections within 5 days from the date of receipt of the request for corrections. If the applicant fails to correct the application in the appropriate manner, and it can not be clearly ascertained which information is requested from the original application, the public authority body shall reject the application by issuing a decision.

Information

Information is any data possessed by a public authority, in the form of a document, record, dossier, register or any other form, regardless of how it is presented (written, drawn, printed, recorded, magnetic, optical, electronic or any other record) created by the body independently or in cooperation with other bodies, or received from another person, and arose within the scope or in connection with the organisation and work of public authorities.

International information is any information provided to the Republic of Croatia by a foreign country or international organisation that the Republic of Croatia cooperates with or holds membership in.

NOTE

The provisions of the Act on the Right to Access Information do not apply to parties in judicial, administrative and other law-based proceedings, by which the availability of information from these proceedings is determined by regulation.

The provisions of the same Act do not apply to information for which there is an obligation to maintain secrecy, in accordance with the law governing the security intelligence system of the Republic of Croatia.

The provisions of the same Act do not apply to information that is classified information owned by an international organisation or other state, and classified information of public authorities that is created or exchanged in cooperation with international organisations or other states.

The right of access to information entails the right of a user to request and receive the information, as well as the obligation of the public authorities to provide access to the information requested, that is, to publish the information even when no particular request has been made, when publication stems from their obligation prescribed by law or some other general regulation.

The reuse of information means the use of information from a public authority by a natural or legal person, for commercial or non-commercial purposes, different from the original purpose, within the framework of the public work for which that information was created. The exchange of information between public authorities for the purpose of performing work within their competence shall not be deemed to be reuse.

For the purpose of re-use, public authorities are not obliged to create, adapt or extract pieces of information if this requires a disproportionate expenditure of time or resources, nor may public authorities be required to continue updating, upgrading and storing information for re-use.

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