Defining Restricted Accessibility Information

Restricted access information is such information which is intended for a limited range of persons in connection with the performance of work or service duties and the disclosure or loss of which, due to the nature and content of such information, makes it difficult or likely to hinder the functioning of the institution, causes or may harm the legitimate interests of persons (Section 5, Paragraph one of the Information Transparency Law).

Information, which shall be considered as restricted access information, shall be specified in Section 5, Paragraph two of the Law on Disclosure of Information, in the external regulatory enactments and may also be determined by the head of the institution. By Order of 4 March 2019 of the State Railway Administration No. 1-5-2/4 “on the storage of business secrets and restricted access information” has limited access status for specified information.

Issuance of restricted access information

For limited availability information, you should explain why you need it and how you plan to use it. Limited access information may only be requested in writing following the following model:

Request

Limited access information may be requested by:

  • electronically (signed with an electronic signature), by sending to an e-mail address;
  • submitting the relevant application in person;
  • when sending to a mail address.

Deadline

If additional processing is not necessary for the preparation of the information requested by you, the State Railway Administration will provide you with the information within 15 days of receipt of the request.

Refusal and justification

The State Railway Administration may refuse to provide you with restricted access information in full or in part by protecting, for example, other rights or other important interests, but in this case the State Railway Administration will issue you a written decision, including:

  • the reasons and reasons for refusal;
  • the legal justification for the refusal, a reference to the law or other legislation;
  • the procedure and time limit for appealing the decision.

Criteria

Whenever the State Railway Administration considers whether access to the requested information is fully authorisable, controlled or prohibited, the State Railway Administration compares your rights and interests with those interests, for the protection of which your access to the information may be restricted or denied.

Therefore, the State Railway Administration shall evaluate:

  • the public importance of the information you are requesting;
  • the objectives and reasons specified in your request;
  • damage likely to be caused to another person's rights or other important interests in the event of disclosure.