Abstract

The article concerns access to public information in public procurement proceedings. The authors analyse selected problems appearing in the case law of administrative courts in the context of the relationship between the Act on Access to Public Information and the Public Procurement Law. In particular, it explores the context of understanding the concept of public information, an official document, including an internal one, restrictions on access to public information, as well as an abuse of the right to public information. Among other things, the conceptual scope of “public information” in public procurement proceedings is considered in the context of, among other things, the minutes of the proceedings, and any annexes, the public procurement contract and documentation from the implementation of the order, correspondence between the ordering party and the contractor at the stage of the proceedings and the implementation of the contract, offers submitted in internal proceedings that were not selected, complaints against the decisions of the National Chamber of Appeals and procedural documents, the report (declaration) from the implementation of the order, or the investor’s cost estimate.