Head of a ward as a person performing a public function in the light of Act on access to public information

Abstract

The article is aimed at presenting, analysing and assessing legal aspects of classifying a head of a ward as a person performing a public function in the light of the Act on access to public information. Access to public information is a citizen’s right of key importance in a democratic state ruled by law. The right has its basis in the Constitution of the Republic of Poland, where in accordance with Article 61 para. 1, “A citizen shall have the right to obtain information on the activities of organs of public authority as well as persons discharging public functions. Such right shall also include receipt of information on the activities of self-governing economic or professional organs and other persons or organizational units relating to the field in which they perform the duties of public authorities and manage communal assets or property of the State Treasury.” The right to healthcare is also a constitutional right laid down in Article 68 para. 1 of the Constitution. Healthcare services are financed from public funds. The function of the head of a ward is deeply rooted in the practice of hospital functioning and plays a significant role in the organisation of 24-hour inpatient healthcare. In case law and literature, there are differences in the classification of heads of a ward as persons performing public functions. The article presents an analysis of the status of the head of a ward as an obliged entity in the light of the Act on access to public information.