How to Act in Case of Request for Information Provision According to the Act Nr. 106/1999 Coll.

The request for information provision can be submitted orally, in written form or electronically via the electronic office filling. Information, which has already been published (f.i. on the internet or in the ČÚZK newsletter etc.), is dealt with by means of data provision about its publishing as a rule, usually 7 day after request reception at the latest. In case the applicant insists on direct provision of the information, it is provided to him.
It must be clearly stated in the request which office is addressed by it and that the information should be provided within the Act Nr. 106/1999 Coll., on the Free Access to Information. Natural person has to indicate in the request the name, surname, date of birth, permanent residence address or the home address and delivery address in case it differs from the permanent residence or home address for delivery. Legal person has to indicate the name, identity number (IČO), seat address and delivery address in case it differs from the seat address. The delivery address can be also electronic.
In case the request is unintelligible and unclear, which information is requested, or the formulation is too general, the applicant is in 7day period from its reception appealed to specify it. In case the applicant does not specify the request in the period of 30 days following after the appeal reception, the request is refused.
In case the requested information is out of responsibility of the particular office, the request is dropped and the applicant is informed within 7 days about it together with the reason of having done so. The applicant is provided by the information within 15 days after reception or after specification of the request at the latest. This period can be prolonged for maximum 10 days solely due to these reasons:

  • search and collection of requested information in other offices separated from the addressed office solving the request,
  • search and collection of voluminous amount of separate and different information requested in one application,
  • consultation with other obliged body being seriously interested in the decision about the request or between two or more sub bodies being seriously interested in the requested subject.

The applicant has to be informed about the time prolongation before the 15day deadline.
In case the office completely or partly refuses to provide information, it has to issue the decision within 15 days (or within prolonged period of 25 days).
The Act does not apply to information provision covered by the special Act (f.i. provision of the Extract from the Cadastre of Real Estate). The obligation for information provision does not concern the questions regarding the opinions, future decisions and creation of new information. In such a case the request can be considered general methodical question or is referred to the particular office in the ČÚZK branch.
In case the applicant asks for provision of a group of information, only part of them being excluded, the office provides the permissible information together with the decision about refusal of excluded information. The applicant can submit the appeal against the decision of the office (remonstrance in case of ČÚZK) regarding information provision within 15 days after delivery of the decision. In this case the immediate superior office (in case of ČÚZK the president of the ČÚZK based on the proposal of by him special nominated commission) decides within 15 days after appeal delivery or remonstrance.

The applicant can submit a complaint about the process regarding dealing with information request:

  • in case he does not agree with the answer to his request referring to already published information,
  • in case he was given nor the information nor decision about refusal of the request after time for information provision elapsed,
  • in case he was delivered only partial information and there was not issued refusal decision about the rest of the request.

The complaint should be submitted within 30 days after delivery of the information about the fact that the information has already been published and where or about the fact that the request does not belong to the office competence, or after lapse of time for information provision. The complaint must be within 7 days referred to the superior office, which has to decide about it within 15 days. In case of ČÚZK this 15day period starts at the moment of complaint delivery to the ČÚZK by the complainer.