File and Accessing the File
Pursuant to the Administrative Procedure Code, you as a party to the administrative procedure, or your legal representative, have the right to access the file1. This right also applies even if the administrative procedure has already been concluded.
If you are blind, the file will be read to you and, upon request, you will be allowed to make an audio recording. A person accompanying you may also access the file together with you.
An administrative file is created and maintained in order to record the course of the administrative procedure. The file has a reference number and contains the following documents:
- submission,
- protocols,
- records,
- written statements of decisions,
- other actions of the administrative authority,
- annexes.
Each part of the file is marked with the date it was added.
How to arrange an appointment to access the file?
To access the file, you must first submit a request for accessing to the file. This request may be sent by post, via data box or by e-mail with a recognised electronic signature. Once the file is ready to be accessed, an appointment will be scheduled by the relevant office. Alternatively, you mac book an appointment via the Client Centre.
However, if the file is already in the appeal phase and has been forwarded to the appellate authority, you must contact that authority to arrange access.
Who can access the file?
The file may be accessed by parties to the administrative procedure (applicants) or their authorised representatives.
What information is provided when accessing the file?
During access, you will be provided with the complete file material, including annexes.
However, any parts containing classified information or information subject to a statutory or legally recognised duty of confidentiality are excluded. This does not apply to parts of the file used or to be used as evidence. These parts may be accessed only by a the parties to the administrative procedure or their authorised representative. You will also be informed in advance of the consequences of breaching the duty of confidentiality. A protocol will be drawn up regarding this instruction, and you will be required to sign it.
Can a copy of the file be made while accessing it?
Yes, the right to access the file includes the right to make extracts, or the Ministry may produce a copy of the file or its parts.
You may also take photographs of the file using your mobile phone during access.
The issuance of an original, transcript, copy, photocopy, or extract is subject to an administrative fee, typically CZK 50 per page started if produced on a copy machine or printer. For more details, including the complete fee schedule, refer to the Act on Administrative Fees.
An administrative fee is to be paid in cash.
Does the Ministry of the Interior send copies of the file to a specific address upon written request?
No, the Ministry does not produce or send copies upon written request, as the right to obtain a copy is linked to the right to access the file.