The Supreme Administrative Court: the Head of the Internal Security Agency is responsible for inaction
The Internal Security Agency (Agencja Bezpieczeństwa Wewnętrznego, ABW) will have to consider a motion filed by the HFHR requesting that the Foundation be provided access to the statical data on the investigative methods employed by the Agency.
On Wednesday, 18 May 2011, the Supreme Administrative Court (Naczelny Sąd Administracyjny, NSA) dismissed the cassation complaint of the ABW in the matter. The NSA held that the ABW leader’s failure to respond to the HFHR’s motion was tantamount to inaction.
In June 2009 the HFHR requested access to the above-mentioned statistical data. Despite receiving the motion, the Head of the ABW neither granted nor dismissed it. In September 2009 the HFHR complained of the official’s inaction.
The NSA indicated that the Head of the ABW was obliged to issue an administrative decision concerning the submitted motion. The NSA also stated its doubts as to whether statistical data on investigative methods may be deemed classified information which, in contrast to public records, may not be freely disclosed.