The case: Applicant vs. Upravna enota Žalec (Administrative Unit Žalec)

With decision No. 021-96/2007/4 of Dec 14, 2007 the Commissioner imposed the body an obligation to provide photocopies of the entire text of the inspector's report on the system of public officers of Jul 27, 2007, which was made after making inspection at the body. In the grounds of the decision the Commissioner wrote that that this document contained personal data: name and surname and job position of the inspector who carried out the inspection, as well as persons included in the inspector's report, all of whom were the body's employees. Thus the document contained the names, surnames, data on education, completed professional exams, rates, fulfilment of conditions for performing the job, promotions, job performance assessments made by the employer, dates of job commencement, promotions or transfers to another position. The Commissioner established that all the data which the body erased from the requested document were undoubtedly connected with performing a public function and employment relationship of public officers. Since this case involved only personal data of individuals who were in employment relationship as public officers, and with regard to the provisions under Subpara 1, Par 3, Art. 6 of ZDIJZ it was completely irrelevant where these data were kept with the body during the access to public information procedure. The body did not agree with the Commissioner's decision and filed a charge in administrative dispute. The Administrative court brought a verdict (No. U 83/2008-11 of Apr 29, 2009), by which the appeal was refused and the Commissioner's decision was confirmed.   The court grounded its decision as follows:  »in the lawsuit the plaintiff did not challenge the findings of the defendant, namely that the inspector's report contained personal data of individuals who were in employment relationship with the body as public officers. The defendant is right in claiming that the inspector's report contains personal data which are related to performing a public function and employment relationship of a public officer, therefore, it is necessary to allow access to the requested information based on Subpara 1, Par 3, Art. 6 of ZDIJZ.«