Another significant victory on the way to transparent healthcare

The plaintiff unsuccessfully requested a statistical overview of the number of people who died for individual time periods from various causes after the ÚZIS. These questions may undoubtedly be a matter of legitimate public interest and therefore part of the public domain. According to the Constitutional Court (even taking into account the established jurisprudence of administrative courts), it is difficult to imagine a reasonable reason why the requested information should be denied to the applicant. On the contrary, there is an indisputable public interest in their publication, and the obliged entity (ÚZIS) should not be prevented from providing the required data. The conclusions adopted by the Constitutional Court can also be applied to other requests submitted by ÚZIS under the Act on Free Access to Information. However, this does not mean that he could not legitimately refuse to provide information in other specific circumstances. It is up to the ÚZIS, as a mandatory entity, to properly deal with possible collisions of equal rights and to evaluate for itself which of the conflicting fundamental rights prevails and which, on the contrary, must be limited. If ÚZIS denies information to applicants, it must clearly and convincingly justify its decisions.