Abstract

This article discusses the functions and position in the system of the Ombudsman and the Ombudsman for Children. Then, the duty of confidentiality of both Ombudsmen as regards legally protected information arising from the oath given before coming to the office. The article analyses procedure of access by the Ombudsmen to information held by public authorities and the files of cases run by those authorities, including courts, prosecutor’s offices and other enforcement agencies. It discusses the regulation concerning disclosure by the Ombudsmen of personal data they keep, and the provisions regulating access to public information at the disposal of the Ombudsmen. The issues relating to the duty of confidentiality as to information legally protected by the European Ombudsman. Those deliberations allowed for drawing a conclusion that there is no sufficient legal basis for separating the duty of confidentiality of the Ombudsman and the duty of confidentiality of the Ombudsman for Children. The ombudsman are obliged to keep confidential legally protected information, and the scope of this information is regulated by special provisions which frequently regulate directly the procedure for disclosing restricted information to the Ombudsmen (the article discusses the regulations contained in the Insurance Act of 22 May 2003, the Fiscal Control Act of 28 September 1991 and the Taxation Act of 29 August 1997).