Parliament’s recent decision to extend response times for public information requests and allow fees for access has drawn concern from civil rights advocates, who argue the changes undermine transparency and threaten democratic accountability.
In a legislative move criticised by civil society, the Slovak National Party (SNS) has advanced amendments to Slovakia’s Freedom of Information Act, significantly impacting the public’s access to government-held information. The changes, led by SNS MPs Adam Lučanský, Milan Garaj, Andrej Danko, and Rudolf Huliak, will extend the standard response time for information requests from eight to twelve working days starting in March 2025, while also introducing potential fees for information access.
Changes in Access to Information
The amended law allows government offices to charge for providing certain information, a provision opponents believe could severely limit citizens’ right to information. Although citizens can formally dispute fees, existing legislation lacks clear guidelines on handling these objections. Via Iuris, a prominent Slovak watchdog organisation, highlighted the absence of public and expert consultation on the amendment, noting that it was introduced during the bill’s second reading—a stage traditionally reserved for final adjustments, not substantial legal changes.
Concerns over Transparency and Bureaucratic Discretion
NGOs argue that the law’s vague terminology leaves wide room for subjective interpretation by state officials, particularly concerning “extraordinarily extensive searches.” The lack of definition around this term allows government offices to determine unilaterally what constitutes an extensive request, potentially making specific data accessible only to those willing to pay. Critics warn this could discourage public inquiries into state activities, particularly from individuals or organisations lacking financial resources.
Data on current government practices does not support the rationale for extended processing times or new fees. In a 2021 study, Via Iuris found that ministries and other government bodies failed to meet the eight-day deadline for just 0.7% of requests, suggesting that the existing timeframe is generally sufficient. Transparency International Slovakia’s research revealed that major municipalities and state-owned companies receive a manageable number of requests annually, indicating no significant backlog. For instance, large municipalities receive fewer than 200 requests per year, and most state enterprises respond to less than one per month.
Legal and Constitutional Concerns
Watchdogs have expressed concerns about the potential unconstitutionality of the new provisions. According to Via Iuris, the Slovak Constitution restricts state action to measures explicitly defined in law. Since the amendments do not outline procedures for handling fee objections, the legislation may clash with constitutional guarantees. “It is unclear how state officials will resolve fee disputes, leaving applicants without a clear avenue for recourse,” said Via Iuris in a recent LinkedIn statement.
A Broader Pattern of Restrictive Policies
Civil society advocates fear this is part of a larger trend undermining transparency in Slovakia, echoing past SNS proposals that have introduced fees for extensive information searches. These provisions particularly affect media organisations and NGOs, which rely on free and accessible public records to investigate governance and state expenditure. “These changes risk silencing active citizens and journalists who work to hold officials accountable,” said Katarína Batková, Director of Via Iuris, pointing to potential harms to democratic oversight.
The policy amendments could complicate citizens’ ability to monitor state activities and raise concerns that it prioritises bureaucratic convenience over public interest, a sentiment echoed by Transparency International Slovakia and the Stop Corruption Foundation. The law’s detractors emphasise that a robust democracy relies on timely access to information and worry that the new hurdles signal a troubling shift toward opacity in government operations.
Source: Via Iuris | LinkedIn
