Abstract
Although the right to information is one of the fundamental rights guaranteed by the Charter of Fundamental Rights and Freedoms, it has limits. It is a law whose implementation can be affected by other fundamental rights or freedoms, or other legitimate interests of the state.
Typical examples of rights, freedoms, or interests to which the right to information may affect are the right to privacy or interest in the protection of classified information. Since no fundamental rights or freedoms or legitimate interests of the state guaranteed by the constitutional order prevail, there is no hierarchy of fundamental rights, freedoms or interests, the right to information should, in certain circumstances, be withdrawn.
What, however, is the legitimate interest of the state, guaranteed by the constitutional order? How to identify it and how to evaluate the impact on such interest? The Freedom of Information Act establishes some grounds for refusing to provide information that may be attributable to the protection of the legitimate interest of the state, such as the protection of classified information already mentioned, but also, for example, the interest in the proper and impartial administration of justice. However, can this range be extended? At our faculty, for example, the issue of providing information on who will test for specific exam terms is discussed extensively.
In the media, a request for the award of a school-leaving certificate was recorded. The Ministry of Justice is again troubled by applications for the filing of case files that are used in this test as model cases to be solved by the applicants.
Are these applications legitimate or there is a public interest in not providing such information that would outweigh their interest in providing them?