The Association of Leaders of Local Civic Groups (SLLGO) requested the Polish Prime Minister Donald Tusk to disclose documents and the correspondence, including e-mails, that concerned recent legislative works on the amendments to the Polish Act on Access to Public Information. The Prime Minister disclosed part of the requested materials, but without indicated e-mails. The representative of the Prime Minister argued that e-mails are used to send text messages, they are used as internal correspondence in the office, as well as with external entities. E-mails consists of various documents of varying importance, significance and category (from the private and business). However, it is not a system of receiving and processing of official documents and the exchange of official correspondence, including these on the legislative process. The system serves for communications between certain individuals, rather than for the presentation of the official positions of the administration. The SLLGO filed a complaint and argued that the Prime Minister failed to act in order to disclose the requested information.
The Voivodeship Administrative Court in Warsaw in its judgment of 1 December 2012 case file II SAB/Wa 295/11 agreed with the SLLGO. The Court ruled that requested e-mails are not private, and they are used to exchange opinions, positions and evaluations between persons exercising public functions. There was no doubt that such electronic means were used for the evaluation and position with respect to the specific provisions of the Act amending the Act on Access to Public Information and other laws. The Court did not agree with the Prime Minister that such exchange of information was intended for internal use and it has working and preparatory nature. The Prime Minister filed a cassation complaint.
The Supreme Administrative Court in its judgment of 14 September 2012 case file I OSK 1203/12 annulled the contested judgment. The Court agreed with the PM and decided that e-mails are internal documents. This issue has been resolved in the same way by the Supreme Administrative Court in its judgment of 21 June 2012 case file I OSK 666/12. See “E-access to public information, case I OSK 666/12“.