A group of people who can participate in administrative court proceedings regarding access to public information. The gloss approval to the judgment of the Supreme Administrative Court of 4 November 2016, I OSK 1372/15

Abstract

The Supreme Administrative Court dismissed the cassation appeal of the First President of the Supreme Court against the judgment of the Voivodeship Administrative Court in Warsaw, revoking the decision to refuse to sharing the public information. The decision concerned the refusal to sharing information about the civil law contracts concluded by the Supreme Court, due to the protection of personal data and the privacy of natural persons. An important issue in the present case is the possibility of participation in the proceedings of persons whose personal data relates to the application. The dogmatic analysis allows to assume that while such persons cannot participate in the public information sharing procedure, their participation as participants in administrative court proceedings is possible, based on Art. 33 § 2 of the Law on Administrative Court Procedure. The protection of privacy is in the legal interest of these people, even on the basis of Art. 47 of the Constitution.