Principles of Filing
Provision of Information in accordance with the Act No. 106/1999 Coll., on Free Access to Information, as amended, within the Competence of the Office of the President of the Republic
I. General
1. Filing petitions for the provision of information is governed by the Act No. 106/1999 Coll., on Free Access to Information, as amended (hereinafter referred to as the "Act").
2. Information on the competence, organizational structure and tasks of the Office of the President of the Republic (hereinafter referred to as the "Office") is available at the reception rooms of the Office intended for the public, as well as by means of the Internet network.
3. If the applicant insists on a direct provision of published information, it is possible to file an Application (hereinafter referred as the "Application") for provision of the information.
4. The Application for the provision of information may be filed orally or in writing, as well as via the telecommunications device.
5. The Application must clearly indicate:
a) that is has been addressed to the Office;
b) what has been requested; and
c) who makes the request, namely, the applicant's first name and last name, address or the name and registered seat of
a natural person or a legal entity (if the Application has been filed in the name of either of them). In the event of the
Application filed via a telecommunications device the appropriate applicant's identification, namely, the first name and
last name, electronic or mailing address, and in case of written application also his/her signature, must be included.
If the Application does not include all the above information or if the information given by the applicant is false, the Application is not considered to be filed in accordance with the Act and the Office will suspend it.
II. Procedure when executing the Application
1. In the event of an Application presented orally within the framework of a personal meeting or by phone the organizational department of the Office shall give the applicant the information immediately if available. If the information has not been given to the applicant based on an orally or telephonically presented request or if the applicant does not consider the information provided as above sufficient, the Application must be filed in writing.
2. Written Application is filed at the following address:
Kancelar prezidenta republiky (Office of the President of the Republic)
119 08 Praha 1 - Hrad
The Application may be filed by mail, in person in the Office Registry at the above address, by fax to the No. (+420) 224 373 300 or electronic mail to the following address: posta@hrad.cz.
3. Applications are dealt with by the Secretariat of the President of the Republic within the specified periods of time.
4. The information is given to the applicant within fifteen (15) days following the date of its filing. The date of filing is considered the day of delivery of the Application to the Office.
If the Application concerns information already published, the Office advises the applicant within seven (7) days where and in which manner the required information may be obtained. Should the applicant insist on the provision of the information, it will be given to the applicant within the above period.
5. The period for the provision of the information may be extended by ten (10) days only on substantial
grounds, namely:
a) searching for and collection of the information which does not form part of the organizational department dealing with
the Application;
b) searching for and collection of a voluminous amount of various and separated information required in a single
Application;
c) consulting with another state agency having a significant interest in the decision on the Application or among separate
departments of the Office or its institutions receiving contributions from the state budget having a significant interest
in the subject matter of the Application.
The applicant must be informed of the extension of the period and its reasons prior to elapsing of the period specified for the provision of the information.
6. The Office shall not provide any information or restrict the right to the information in the events specified under the Act (sections 7 through 12).
If the Office has not complied with the Application even in part only, it issues the decision thereon to be delivered for the personal attention of the applicant, within the period specified for execution of the Application.
7. If the Office has not provided the information within the period specified for execution of the Application or has not issued the decision, the provision of the information shall be understood denied. One may file an appeal against that within a period of fifteen (15) days following the date when the period specified for execution of the Application has expired.
8. The procedure in accordance with paras. 3 through 7 above shall apply only to the Applications filed in writing.
III. Appeal
1. The decision of the Office on denial of the Application may be appealed to within a period of fifteen (15) days after delivery of the decision or following the date of elapsing of the term for execution of the Application.
2. The appeal shall be filed at the following address:
Kancelar prezidenta republiky
119 08 Praha 1 - Hrad
3. Appeal may be filed only in writing. An appeal must include the applicant's first name and last name, address or the name and registered seat of a natural person or a legal entity (if the Application has been filed in the name of either of them), where the appellant sees the violation of the Act, what the appellant claims and his/her signature. If the appeal does not include all the above information or if it has not been filed in writing, the Office will suspend it.
4. To file an appeal one may use the form "Appeal against the Decision of the Provision of Information (PDF; 24 kB)" (Annex 1) available in the information rooms of the Office, 119 08 Praha 1 - Hrad or at the Office Internet sites www.hrad.cz.
5. The appeal shall be decided on by the manager of the Office within fifteen (15) days after its delivery. If he/she has failed to do so, he/she will be deemed to issue the decision dismissing the appeal. The date of delivery of the decision is then considered the day following after elapsing of the period for executing the appeal.
6. No appeal is allowed against the decision on the appeal.
7. Decision on dismissal of an Application may be reviewed at the court (section 247 and fol. of the Act No. 99/196 Coll., Rules of Civil Procedure, as amended).
IV. Payment of Costs
1. In accordance with section 17 subsection 3 of the Act the issuance of an information is subject to the condition of payment of the costs incurred therewith. The value of the costs is specified in the "Tariff of Fees Specified for the Provision of Information" included in Annex 2.
2. If the overall costs per provision of information have not exceeded an amount of CZK 50 or if the information is given only orally, no payment of costs is required.
For the provision of information which the applicant requires to be sent by electronic mail the costs incurred by searching for and identifying and processing the information are required.
The Office will advise the applicant in the course of the period specified for the provision of the information of the amount of the fee to be paid for the expected costs connected with the provision of the information and will concurrently ask the applicant to pay it in cash at the Office cash desk or by bank transfer to the account conducted by the Czech National Bank. The applicant is obliged to remit the funds or pay them at the cash desk within three (3) days after receiving the notice. The Office accounts the paid fee depending on the actually incurred costs connected with the provision of the information and informs the applicant of the final amount. The balance is settled with the applicant upon acceptance of the information in cash at the Office cash desk or upon acceptance of the information sent by way of cash on delivery ("COD"). Upon delivery of information by electronic mail the procedure is similar. The amount paid shall not be returned in the event of failure to collect the information and it will be used to cover the costs arising during the search for and processing the information.
V. Informative Provisions
1. The most important provisions in accordance with section 5 subsection 1 letter (c) of the Act
providing the acts and decisions of the Office, stipulating the right to claim and the obligation to provide the
information and providing the other rights of people in relation to the Office are, namely, as follows:
a) Act No. 106/1999 Coll., on Free Access to Information, as amended;
b) Act No. 114/1993 Coll., on the Office of the President of the Republic, as amended;
c) Act No. 412/2005 Coll., on the protection of classified information and on security capacity, as amended by subsequent regulations,
d) Act No. 40/2004 Coll., on Inviting Public Bids, as amended;
e) Act No. 101/2000 Coll., on the Protection of Personal Data and on Modification of Certain Acts, as amended;
f) Act No. 500/2004 Coll., Administrative Procedure Code, as amended by subsequent regulations,
g) Act No. 513/1991 Coll., Commercial Code, as amended.
The above Acts have been published in the Collection Of Laws of the Czech Republic.
3. Annual reports of the performance of the Office in the area of the provision of information for the previous calendar year (section 18) are published in the information rooms of its registered seat, 119 08 Praha 1, and on of the Office Internet sites.
