The author presents the evolution of the scope of the subject matter of public service secret and then discusses the definition specified in the Act of 1999 on the protection of secret information. The author shows there is a contradiction between the statutory definition of a public service secret and the content of article 61, item 3 of the Constitution of the Republic of Poland of 1997 (referring to the possibility of limiting the right to obtain information about public service activities). Later in the article, the author discusses doubts arising in connection with the protection of personal data as information being a public service secret and resulting from the lack of coherence in statutory definitions of confidential and limited access information. Moreover, the author presented legal regulations for the scope of the subject matter of public service secret made out of the Act on the protection of secret information. The conclusions presented in the article propose a new regulation of the scope of the subject matter of the public service secret which would comply with the requirements of the constitution.
Financed by the National Centre for Research and Development under grant No. SP/I/1/77065/10 by the strategic scientific research and experimental development program:
SYNAT - “Interdisciplinary System for Interactive Scientific and Scientific-Technical Information”.