Abstract

In the commented judgment of 18 September 2014 (I OSK 3073/13), the Supreme Administrative Court found that e-mail correspondence of persons performing public duties does not constitute public information. In the statement of the grounds it was argued that such a correspondence is not of an official nature, and even if it includes suggestions as to how a given public problem is to be resolved, it falls within the scope of freedom necessary to make a correct decision having considered all pros and cons. The author does not agree with the argumentation of the Supreme Administrative Court. He believes that pursuant to the Public Information Access Act and the Constitution of the Republic of Poland the contents of e-mail correspondence of people performing public duties should and need to be publicized, and any restrictions connected therewith should be read and analysed exclusively through the literal meaning of Art. 5.1–5.4 of the Public Information Access Act of 6 September 2001 and Art. 61.3 and Art. 31.3 of the Constitution of the Republic of Poland.