Provincial Administrative Court: Internal Security Agency should disclose statistics on investigative methods

‘Though investigative methods are clandestine, the secrecy requirement does not apply to statistical data recording the frequency of their use; thus, there are no grounds to assume that such data cannot be disclosed’, said the judge Jacek Fronczyk citing reasons for the decision.

The case has been pending since 2009, when the HFHR filed a motion for access to public information, namely the statistical data on the investigative methods employed by the Agency. In August 2011 the Head of the ABW dismissed the motion. He upheld his decision when deciding the subsequent motion to reopen the proceedings. The Foundation appealed against the dismissal to a Provincial Administrative Court.

In its submissions made before the Court the Agency argued that it was the Prosecutor General who was under a duty to disclose such information.

Artur Sidor, counsel for the HFHR, contended at a hearing: ‘There are no reasons to deny a motion for disclosure of statistical data where the questions asked do not concern operational aspects of investigative methods and constitute no risk for officers’,

The  Provincial Administrative Court’s decision is not final and binding. The Head of the ABW may file a cassation appeal to the Supreme Administrative Court.