Abstract

The constitutional position of the right of access to public information, as it has been indicated in the artcile, is significantly different in the Polish and German legal system, which indirectly affects the possibility to restrict the right of access to public information in order to protect intangible third party rights. The analysis carried out in the article allows to assert that in Germany restriction of the right of access to public information in order to protect third party rights may refer solely to protection of personal data, whereas in Poland it may be extended to all information which violates the right to privacy. For that reason access to public information is more restricted in Poland than in Germany, although this right is constitutionally guaranteed only in Poland. The relevant regulations applicable in both countries are in principle compatible with the legal system of the EU and of the Council of Europe.