Court: Speed camera operation is a safety issue, anonymity not permitted

Poland's Supreme Administrative Court (NSA) has ruled that the operation of speed cameras is intrinsically linked to public safety, thereby disallowing anonymous requests for detailed information about their functioning. The decision stems from an appeal filed by the Ombudsman concerning a lower court's stance on an anonymous inquiry submitted to the General Inspectorate of Road Transport.

The original request sought specific technical parameters and measurement data related to a speed camera in Świdnik. The Inspectorate had refused to process the request, citing that anonymous submissions are not permissible. The Provincial Administrative Court in Warsaw upheld this decision, prompting the Ombudsman's appeal to the NSA.

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We know that there has been a significant change in the international situation, and even a destruction, as some say, of the international order shaped over decades by Russia's war with Ukraine and (...) by the hybrid war that Russia is waging against Western countries.

The Ombudsman argued that Polish law does not require requesters of public information to disclose their identity. This position was supported by the "Sieć Obywatelska Watchdog Polska" (Civic Network Watchdog Poland) association, which highlighted that anonymity is crucial for whistleblowers, investigative journalists, and activists gathering information.

However, the NSA, in its ruling, acknowledged the evolving international security landscape, including the war in Ukraine and hybrid warfare tactics against Western nations. Judge Rafał Stasikowski stated that these threats justify public administration bodies taking protective measures. While affirming that the established case law generally permits anonymous requests, the court emphasized that each request must now be assessed considering potential security risks, suggesting a need for a revised approach to information disclosure in light of current geopolitical realities.

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These threats justify any public administration body in taking protective actions that are justified by the circumstances of a specific case.