Agencija za zaštitu ličnih/osobnih podataka u Bosni i Hercegovini
S a r a j e v o / / БОСНА И ХЕРЦЕГОВИНА
Агенција за заштиту личних података
у Босни и Херцеговини
С а р а ј е в о
September 10, 2014
GUIDE
OF THE AGENCY FOR PERSONAL DATA PROTECTION IN BOSNIA AND HERZEGOVINA FOR ACCESS TO INFORMATION
Sarajevo, January, 2010
(This Guide is free)
Content:
1. INTRODUCTORY REMARKS
2. WHAT TYPE OF INFORMATION CAN BE OBTAINED
3. INFORMATION ACCESS PROCEDURE
3.1. Before the submission of request for access to information, a person should try to obtain
requested information in an informal way
3.2. Address and contact information for the Agency for Personal Data Protection in Bosnia
and Herzegovina
3.3. Planning of request for Access to Information
3.4. Submission of request for access to information
3.5. What to do when the Agency for Personal Data Protection in Bosnia and Herzegovina
does not have information
3.6. The deadline for obtaining information
3.7. Access to information
3.8. Costs of multiplying
4. DENYING OF ACCESS TO INFORMATION OF THE AGENCY FOR PERSONAL DATA PROTECTION IN BOSNIA AND HERZEGOVINA AND DETERMINATION OF EXCEPTION CATEGORIES
5. PROTECTION OF RIGHTS IN CASE THAT ACCESS TO INFORMATION IS NOT APPROVED
6. ACCESS TO PERSONAL INFORMATION
7. ATTACHMENTS
7.1. Request form
7.2. Index Registry
1. INTRODUCTORY REMARKS
This Guide was prepared to help applicants in the exercise of right to access information in accordance with the provisions of the Law on Free Access to Information in Bosnia and Herzegovina ("Official Gazette", No. 28/00, 45/06 and 102/09 - hereinafter referred FOIA).
The Guide helps someone to find out more about how to access information in the possession and under control of the Agency for Personal Data Protection in Bosnia and Herzegovina (hereinafter: the Agency).
This Guide provides information on the rights under the FOIA, so that:
- contains simple instructions for making and submitting request,
- inform the applicant of the procedure and deadlines which the Agency must comply during the processing of requests for access to information,
- inform the applicant about the circumstances under which access to the requested information may be denied,
- contains instructions for filing complaints and deadlines for filing complaints against decisions taken in accordance with the FOIA,
- refers to authorized persons for information and contact phone numbers that the applicant can contact in order to facilitate access to information and contains a list of information necessary for address to the Agency,
- contains a unique request form for access to information,
- regulates the costs of the multiplying the requested information, and
- refers to Index Registry of Agency and the way to access the Registry.
This Guide and form for access information can be obtained as a free copy in the Agency for Personal Data Protection in Bosnia and Herzegovina at the Information Officer or at the Agency's website www.azlp.gov.ba.
Users of the Guide of the Agency for Personal Data Protection in Bosnia and Herzegovina for access to information can make recommendations and suggestions in order to improve its next edition.
2. WHAT TYPE OF INFORMATION CAN BE OBTAINED
FOIA in Bosnia and Herzegovina guarantees to any natural or legal person access to information that is under control of the Agency.
Before making any contact, consulting the Index Registry of the Agency is recommended.
In general, the Agency shall grant the access to information, except in extraordinary circumstances set out in FOIA. In case of doubt of whether the Agency has requested information, which is related to the competence of the Agency, a person that is required to give instructions can be contacted.
3. INFORMATION ACCESS PROCEDURE
3.1. Before the submission of request for access to information, a person should try to obtain requested information in an informal way.
In the case where there is a high level of certainty that the Agency has requested
information, before submitting a formal request for access to information, a person for information should be contacted in order to try to obtain necessary information in an informal way.
In case that information cannot be obtained in a simpler, informal manner, a formal request can be filed to the Agency.
3.2. Address and contact information for the Agency for Personal Data Protection in Bosnia and Herzegovina
Address for submission of a formal request for access to information:
Address:
The Agency for Personal Data Protection in Bosnia and Herzegovina
Vilsonovo šetaliste 10
Sarajevo,71000
Tel: +387 33 726 288; 726 286
Fax: +387 33 726 251
Web: www.azlp.gov.ba
E-mail:
Information Officer: Dragan Petrić, Advisor for Legal Affairs
3.3. Planning of request for Access to Information
Prior to submitting a formal request for access to information it is essential to carefully plan and determine the information or records that are to be obtained and to predict the existence of any financial resources necessary for the reproduction of the requested documents.
It is desirable first to establish that this is information to which access is not restricted or prohibited.
3.4. Submission of request for access to information
After carefully planned, a formal request for information on the form, which is attached to this guide, shall be submitted to the Agency. Request for information should be addressed to the information person and can be delivered personally with signature, by the administrative office of the Agency with receiving stamp reading, by registered mail, fax or electronic mail.
Submission of request should be made by being adequately provide proof of submission - a certificate with the date of submission of the request.
The request shall be submitted in one of the languages in official use in Bosnia and Herzegovina.
The request should clearly state what we want to know. It is necessary to state the name of the requested document, the date of its creation, the author, sender, or give any other information that would allow the Agency more easily to find documents containing the requested information.
If the request was not submitted in the prescribed form and does not contain information that can identify the requested information, the Agency shall, within eight days, inform the applicant that the request cannot be processed due to the above reasons.
The conclusion, as well as the decision that informs applicant on partial or complete compliance or rejection of his application is signed by the Director of the Agency on behalf of the Agency.
3.5. What to do when the Agency for Personal Data Protection in Bosnia and Herzegovina does not have information
If the Agency does not have the requested information, as well as in the case if does not have access to the requested information, it is obliged to forward the request to the institution or legal entity that can provide the requested information at least eight days after reception. Agency shall give written notice to the applicant in the form of a conclusion.
3.6. The deadline for obtaining information
The Agency shall, within 15 days of receipt of the request, notify the applicant whether the access to information is approved or denied.
In the case of exceptions and the need of examining the confidential commercial information and the public interest test, the deadline may be, in accordance with the FOIA, extended. The applicant must be informed of all actions and reasons for prolonging the deadline.
3.7. Access to information
When the Agency grant access to the requested information, in whole or in part, it shall inform the applicant through the decision. Decision determines the possibility of personal access and insight into the information in the premises of the Agency at the time that works for both the applicant and the personnel, or will, provided that the information is less than ten pages, submit information in writing to the applicant.
In accordance with the approved request, the Agency shall notify the applicant of the possibility to obtain a copy of the requested information, if the information is longer than ten pages, after the payment of compensation costs of copying.
3.8. Coping costs
In accordance with the Law, the Agency does not charge for submitting a FOIA request or written notice within the meaning of the FOIA, while the costs of the copying charges in accordance with the Decision of the Council of Ministers on the costs of copying the requested information in accordance with the Freedom of Information Act in Bosnia and Herzegovina ("Official Gazette of BiH", No. 1.12), as follows:
- KM 0.50 for each page of a standard format,
- KM 10 per CD for electronic documents
The first ten pages of copying material of a standard format is free of charge, and all other required information with multiple pages applicant pays in advance.
Payment for the costs of copying information over 10 pages is made on the account of the Agency for Personal Data Protection in BiH number: Treasury BiH - Development Bank 562-012-0000084782 according to the above amounts.
4. DENIAL OF ACCESS TO INFORMATION BY THE AGENCY FOR PERSONAL DATA PROTECTION AND ESTABLISHING CATEGORY OF EXCEPTIONS
FOIA provides a right to request access to any information that is under the control of the Agency. Only in exceptional circumstances, exceptionally prescribed by the FOIA, the Agency will not grant access to the requested information, in the case of the following three categories of information:
The first category of exceptions related to the functions of the Agency as a public authority. Within this category, the exception can be identified in cases when disclosure would cause substantial harm to the legitimate goals of the following categories in Bosnia and Herzegovina:
- The protection of public safety;
- The interests of the defense and security;
- Foreign Policy;
- The interests of monetary policy;
- Crime prevention and detection of crime; and
- Protection of the deliberative process of a public authority.
The second category of exceptions refers to the case when the request for access to information includes confidential commercial interests of a third party disclosure of which could cause harm to a third party.
The third category of exceptions refers to the reasonable protection of privacy of third parties. Notwithstanding the above exceptions, the Agency will publish the requested information if it is justified by public interest, under the conditions and procedure set forth in Article 9 of the FOIA.
5. PROTECTION OF RIGHTS IN CASE THAT ACCESS TO INFORMATION IS NOT APPROVED
If the Agency denies access to the requested information, in whole or in part, it shall inform the applicant through the decision within 15 days after receipt of the request.
The decision shall state the reasons for denial of access to information, the legal basis for the exempt status of the information, all material issues that are relevant to the decision and instruct the applicant of the right to appeal.
In the above case, the applicant may:
- File an administrative appeal on the decision of the Agency,
- In the case that the applicant is dissatisfied with the decision on appeal, he/she may initiate
an administrative proceedings before the Court and/or
- Address the BiH Ombudsman at any stage of the proceeding.
Deadlines for filing complaints are precisely defined and strictly formal, and their omission risks losing the right to appeal.
6. ACCESS TO PERSONAL INFORMATION
FOIA provides for a special procedure for access to personal information, i.e. information concerning the private life. In addition to the general requirements relating to requests for access to information, it is important that access to personal information may be requested only by the person to whom they relate, in a way that will sign the request and provide valid identification document with a photography. The request may be submitted also by a legal representative or authorized person of the person to whom the personal information relates. Legal representative and authorized person are required to present valid evidence about the status of the legal representative or authorized person, and a copy of a valid identification document with a photography of the person represented, and also to present their valid identification document with a photography.
FOIA provides a right which ensures that the personal information under the control of a public authority are accurate, current, complete, relevant for legal use for which they were stored, and that in any other way are not wrong.
After the accession to personal information, amendments or to comment on, which is added to the personal information, may be requested. Requests for changes or additions of personal data are not time limited.
If it is found that statutory requirements are not met the in terms of accuracy, relevance for legal use for which they are stored, or found to be in any other way wrong, the public authority may refuse the requested amendment of personal data. This decision includes a legal remedy.
7.1. Application form
______
First name and last name of applicant
______
______
Telephone/telefax/e-mail ______
Date, ______
THE AGENCY FOR PERSONAL DATA PROTECTION IN BOSNIA AND HERZEGOVINA
VILSONOVO ŠETALIŠTE 10
71 000 SARAJEVO
SUBJECT: REQUEST FOR ACCESS TO INFORMATION
On the basis of the Law on Free Access to Information in Bosnia and Herzegovina, I request access to the following information:
______
______
______
(Specify exactly what information you are looking for, and describe it as accurately as possible)
Circle the way you want to access information:
a) Direct access
b) Copying information
c) Sending information to your home address
______
Attachment: APPLICANT
______
Sarajevo-Сарајево, Vilsonovo šetalište broj 10 - Вилсоново шеталиште број 10
tel/тел ++387 33 726-250, faks/факс 726-251