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Requests for information pursuant to Act No. 106/1999 Coll.

How to proceed when requesting information pursuant to Act No. 106/1999 Coll., on free access to information.

Requests for provision of information, pursuant to Act No. 106/1999 Coll. on free access to information, are submitted as follows:

Written request can be submitted on the Request for information form (in czech):

  • by mail to the following address:
    Správa základních registrů (National Registers Authority), Na Vápence 16,  130 00, Praha 3
  • via fax to phone # (+420) 236 031 751
  • via electronic mail by sending a written request to the following email address: szr@szrcr_cz
  • through electronic registry

National Registers Authority evaluates the request pursuant to Section 14 No. 106/1999 Coll., as amended, and:

a) if there is lack of data about the applicant pursuant to Act on procedure of settlement of request for information, it shall ask the applicant to complete the application within 7 days from the day of the application submission; if the applicant fails to do so within 30 days from the date of notice delivery, the request will be postponed,

b) if the application is incomprehensible, does not state clearly what information is requested, or the wording of it is too general, it shall ask the applicant to make the request more specific within seven days from the day from the request submission; if the applicant fails to do so within 30 days from the date of the notice delivery, the request will be rejected,

c) if the requested information does not relate to the competence of National Registers Authority, the request will be postponed and this substantiated fact notified to the applicant within 7 days from the date of the request delivery,

d) if the National Registers Authority does not make a decision, pursuant to Section 15 of Act (Decision on request refusal), it shall provide information in accordance with the application, latest with 15 days from the date of the request receipt or from the date of the request completion.

The term for provision of information pursuant to par. d) can be extended by National Registers Authority for serious reasons by maximum of ten days. Serious reasons are:

  1. searching and collection of requested information in other offices which are detached from the office dealing with the request,
  2. searching and collection of large amount of separated and different information requested in a single request,
  3. consultation with another obliged entity which is seriously interested in decision about the request, or between two or more units of a obliged entity which have serious interest in the subject of the request.

The applicant must be demonstrably notified of extension of the term, as well as of the reasons for such extension, always prior to the expiry of the term for provision of information.

If National Registers Authority does not satisfy the request, although partially, it shall issue a decision of request rejection within the term set for the request settlement, or a decision of the rejected part of the request (the “decision on request rejection” hereinafter), except for cases when the request is postponed.  If the request is not satisfied due to trade secret protection pursuant to Section 9 of Act, or due to protection of third parties´ rights to the subject of copyright, pursuant to Section 11 par. 2 letter c) of Act, the foundation of the decision must state who exercises the right to such trade secret, or who exercises property law to this subject of copyright protection, if such person is known to the obliged entity.

Appeal

An appeal can be interposed against the decision on the request rejection within 15 days from the decision delivery, or from the vain lapse of the term for the request settlement, pursuant to Section 15 par. 4 of Act No. 106/1999 Coll. as amended. The appeal is submitted with the obliged entity which issued or was to issue the resolution (i.e. at National Registers Authority), and is subsequently decided by a superior authority. Such authority is Ministry of Interior with the registered office at: Nad Štolou 3, post box 21, Postcode 170 34, Praha 7 which National Registers Authority forwarded the submitted appeal to within a 15-day term from the day of the appeal submission.

The Ministry of Interior shall decide about the appeal in 15 days from the appeal submission by National Registers Authority.

However, the decision on appeal is revisable by court based on accusation, pursuant to special legal enactment.

Complaint

A complaint can be filed against the procedure of National Registers Authority in settling a request, pursuant to Section 14 No. 106/1999 Coll., as amended.

Such complaint can be filed in written or verbally; if the complaint is submitted verbally and cannot be dealt with instantly, the obliged entity must make a written record of it.

The complaint is filed with National Registers Authority within 30 days from the date of

a) the notice delivery pursuant to Section 6, Section 14 par. 5 letter c) or Section 17 par.3 of Act, or
b) upon the elapse of the term for information provision pursuant to Section 14 par.5 letter d) or Section 14 par. 7 of Act.

The complaint is decided by a superior authority which is the Ministry of Interior.