The verdict of the Supreme Administrative Court may give us the opportunity to learn why leaks from the Institute of National Remembrance occur and how prevalent this practice is. The court stated that it is a public information (sygn. I OSK 615/09).
According to the act on the Institute of National Remembrance, the data from the institute’s archives can be made accessible to the person they concern and in order to execute statutory tasks, carry out scientific research, or publishing press materials. The employees of the institute are obliged to observe information secrecy during and after the period of employment.
Yet, in a famous lawsuit brought by a famous linguist, professor Jan Miodek, before the District Court in Wrocław, against a publicist Grzegorz Braun, for publicly accusing him of cooperation with secret police (known as Służby Bezpieczeństwa) established in the People’s Republic of Poland. One of the witnesses was Wojciech S., an employee of the Institute of National Remembrance, who presented authenticated copies of two documents from the Institute’s archives to the court. In September 2009 the Supreme Court affirmed the judgement, ordering Brown to apologise to professor Miodek and make a charity donation.
In regard to this lawsuit, the Helsinki Foundation for Human Rights asked the President of the Institute to provide information on the rules and procedures Wojciech S. followed investigating the Institute’s documents concerning professor Miodek and presenting their copies in the court, and whether Wojciech S. was exempted from secrecy obligations and if it was the court that asked for them.
The President of the Institute of National Remembrance denied, because according to him it is not a public information. Voivodeship Administrative Court in Warsaw approved the opinion that the requested information concern the legal proceedings and dismissed the Foundation’s claim. The Foundation applied for cassation.
The Foundation wants to know how employees of the Institute of National Remembrance gain access to protected data and how they can use it.
The Supreme Administrative Court set aside the appealed judgement of the Voivodeship Administrative Court. – The answer to questions posed by the Foundation is very important for the public interest – the court claimed. – The archives of the Institute of National Remembrance cause so much controversy, that the actions of a public institution such as Institute of National Remembrance, have to be transparent and subject to control of civil society.
Polish Press Agency
Tranclation: Michał Urbański
