Quick Overview
- Anyone may request information under the Freedom of Information Act.
- Requests may be submitted orally or in writing, including electronically. However, a written request is necessary to avail yourself of the procedural protections under the Freedom of Information Act.
- A written request must identify the obligated entity, state that you are making the request under the Freedom of Information Act, and include the information about the requester required by law.
- As a rule, the obligated entity must provide the information within 15 days at the latest. For serious reasons, it may extend this deadline by a maximum of 10 additional days.
- If the authority rejects your request, you may file an appeal against the decision. If it fails to respond, provides only part of the information, or demands an unreasonable fee, you may file a complaint.
Has the agency refused to provide you with the information or failed to respond to your request at all? Discuss your case with an attorney; we will assess whether the agency’s actions comply with the law and help you prepare an appeal, a complaint, or an administrative lawsuit.
How do you draft a request for information?
The Freedom of Information Act does not require the use of a specific form. You can submit your request orally or in writing—for example, by letter or electronically. However, if you wish to pursue the legal remedies available in the event of inaction or a refusal to provide information, it is more practical to submit your request in writing.
A written request must be addressed to a specific obligated entity and must clearly indicate that you are requesting information under the Freedom of Information Act. An individual must also provide their first name, last name, date of birth, and address; a legal entity must provide its name, identification number, and registered office.
Request for Information – Template
[First and last name of the applicant]
[date of birth]
[Residential address / mailing address]
[Name of the obligated entity]
[Address of the obligated entity]
Subject: Request for Information Pursuant to Act No. 106/1999 Coll., on Free Access to Information
Dear Sir or Madam,
Pursuant to Act No. 106/1999 Coll., on Free Access to Information, I hereby request the following information:
[Describe the requested information as specifically as possible]
I request that the information be provided in electronic form to the emailaddress [email], including any related metadata, if available.
Thank you.
In [city] on [date]
[first and last name]
Note regarding email: If the agency has published the email address of its reception desk, send your request to that address. If the agency has not published an email address for its mailroom, you may send the request to another email address of the obligated entity. Therefore, be sure to check the contact information on the agency’s website before sending your request.
Tip: Formulate your request as specifically as possible. If it is not clear what information you are requesting, or if the request is too general, the obligated entity may ask you to clarify it. If you do not clarify it within the specified time limit, the request may be rejected.
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Where can I ask questions?
Don’t hesitate to seek information from non-governmental institutions as well. You can also ask certain private companies under government influence.
The entities required to “disclose” information are
- all government agencies (including, for example, the courts, the Public Defender of Rights, and the Office of the President of the Republic),
- local government units (municipalities, regions, and their bodies),
- public institutions,
- entities entrusted by law with deciding on rights or obligations (e.g., forest rangers).
The situation may be more complex in the case of business entities affiliated with the state or a municipality. It is not sufficient to automatically assume that every company in which the state holds a significant equity interest must provide all information under the Freedom of Information Act. Furthermore, the law also separately regulates so-called public enterprises.
Case law plays a significant role here. For example, in the OTE case, the Constitutional Court ruled that a commercial company wholly owned by the state may be a public institution and subject to disclosure obligations. Conversely, in the case of ČEZ, the Constitutional Court reached a different conclusion in the past. For commercial companies, it is therefore always necessary to assess the specific status of the entity in question.
It is therefore advisable to verify in advance who holds the requested information. If the information does not fall within the scope of the entity’s authority, it may set aside the request and must inform you of this.
By when must the authority provide the information?
The obligated entity must generally provide the requested information no later than 15 days after receiving the request, or after the request has been supplemented or clarified. For serious reasons —such as the need to search for a large amount of diverse information—it may extend this deadline, but by no more than an additional 10 days. It must inform you of the extension and the reason for it in a timely manner.
Providing information is not always free of charge. The obligated entity may require reimbursement of actual costs, such as for making copies, sending the information, or conducting an exceptionally extensive search. However, they must notify you in writing in advance of the amount to be paid and explain how it was calculated. If you disagree with the requested amount, you can file a complaint to challenge it.
Are there any restrictions on what information can be requested from government agencies?
Yes. Specifically, classified information cannot be disclosed. Furthermore, authorities may cite, for example, trade secrets; they are not required to provide information protected by industrial property rights (e.g., patents) or copyrights. You also cannot request opinions, future decisions, the creation of new information, or information about ongoing criminal proceedings. You also cannot ask for the personal data of third parties.
Typically, problems may arise if you request:
- classified information,
- protected personal data of third parties,
- trade secrets,
- certain information protected by intellectual property rights,
- information that the obligated entity does not possess and is not required by law to possess,
- the creation of new information or a mere opinion or stance of the authority.
However, the law requires that the restriction be applied only to the extent necessary—if the protected portion can be separated, the remainder of the information must be provided.
From legal practice: The problem often does not arise from the fact that a person does not have a right to the information, but rather from how the request was phrased. A request that is too general may lead to a request for clarification, while a question such as “Why did you decide this way?” may in fact be a request for an opinion, not for existing information. Therefore, we recommend requesting an existing document, data, decision, or other recorded information as specifically as possible.
What should you do if an agency refuses to provide information or fails to respond?
It depends on how the agency proceeded. If it issued a decision rejecting the request, you can file an appeal against it. Conversely, if the agency failed to provide the information or issue a decision within the deadline, provided only part of it without formally refusing the rest, or is demanding what you consider to be an unreasonable fee, a complaint regarding the handling of the request is generally the appropriate course of action.
The complaint is filed with the obligated entity. If you do not obtain protection even under the Freedom of Information Act, you may seek judicial review in administrative court.
Not sure whether to file a complaint, an appeal, or an administrative lawsuit? Send us the agency’s decision or your original request. An attorney will review the case and recommend the next steps.
Summary
The right to information from public institutions allows anyone to request existing information held by obligated entities in connection with their activities. The request does not have to be submitted on a prescribed form; however, for written requests, it is important to comply with the legal requirements. The authority generally has 15 days to respond and may extend this deadline by up to 10 days for serious reasons. It may refuse to provide information only for statutory reasons. If a request is denied, an appeal may be filed; in appropriate cases, a complaint may be filed against inaction, partial disclosure, or a disputed fee.
Frequently Asked Questions
Can anyone request this information?
Yes. The requester is not required to demonstrate a specific legal interest or explain why they need the information.
Do I have to use the information request form?
No. The law does not require the use of any specific form. However, a written request must meet the legal requirements.
Can a request under Act No. 106 be submitted by email?
Yes. If the obligated entity has published an email address for its reception desk, the electronic request must be submitted to that address.
By when must the agency respond?
Generally, within 15 days of receiving a valid application. For serious legal reasons, this period may be extended by up to 10 days.
Can a government agency charge a fee for information?
Yes, for example, for copies, mailing, or an exceptionally extensive search. However, the amount of the fee must be disclosed and justified in advance.
What if the agency doesn't have any information at all?
Under certain circumstances, it may reject the request if it does not have the information and is not legally required to have it. However, it cannot automatically invoke this reason if the information can be obtained through simple steps using the data already at its disposal.
What should you do if a government agency refuses to provide information?
An appeal may be filed against a decision to deny a claim. In cases of inaction, a partial response, or a dispute over payment, it may be appropriate to file a complaint.
