NIMH

Access to information

Where to get information and how to apply

Information related to the provision of health care and specific patients can be obtained directly from the clinic, from attending physicians or from the head physician. The procedure for submitting and handling complaints at the NIMH Clinic is regulated by a separate document.

A request for the provision of information under the Freedom of Information Act 106/1999 Coll., can be submitted by any natural or legal entity.

The application can be submitted:

  • in person at the NIMH office, Topolová 748, 250 67 Klecany, on working days from 7:30 a.m. to 3:30 p.m.,
  • in writing at: National Institute of Mental Health, Director's Secretariat, Topolová 748, 250 67 Klecany,
  • by e-mail to the address: podatelna@nudz.cz. 

Information request form:

It must be clear from the request for the provision of information:

  • designation of NIMH as the entity to which it is intended,
  • that this is a request for the provision of information pursuant to Act 106/1999 Coll.,
  • first and last name, date of birth and place of residence for a natural person, name, identification number and registered office for a legal entity and address for delivery, if different from the address of the registered office; delivery address also means electronic address; if the application does not contain these data, it is not a submission within the meaning of Act 106/1999 Coll.

NIMH Procedure for processing various submissions

ubmitting a proposal, initiative or other request and submitting a request or complaint

The procedure for submitting and handling these submissions is governed by a separate document.

Exercising the right to information:

Verbal (personal and telephone request for information):

  • already published – the applicants are referred to the source of this information; if they are not satisfied with this reference and request direct provision of information, they must submit the request in writing,
  • unpublished – the information is provided orally to the applicants; if they are not satisfied with the content or scope, or if the requested information was not provided to them at all, they must submit the request in writing.

Written request for information

NIMH assesses the content of the application:

  • If the lack of information about the applicant prevents the processing of the application, NIMH will invite the applicant to supplement the application within 7 days from the date of submission of the application. If the applicant does not comply with this invitation within 30 days, the application will be rejected.
  • If the requested information does not relate to the scope of the NIMH, the application is postponed and this (reasoned) fact is communicated to the applicant within 7 days of receipt (in the same way in which the application was submitted).
  • It will provide the required information within a basic period of 15 days from the receipt of the request or from the date of its completion, in writing, by inspecting the file, including the possibility of making a copy or on storage media.
  • The applicant is obliged to pay for the direct provision (searching, processing, sending) of information according to the tariff. When submitting an application, the applicant is obliged to pay a reasonable deposit and when taking over the information, an appropriate surcharge.
  • The period for providing information can be extended by a maximum of 10 days, and only for serious reasons (searching and collecting a large amount of separate and different information required in one application, the need to consult with another legal entity or between two or more NIMH components that have serious interest in the subject of the request).

In particular, NIMH does not provide information:

  • related to internal or personnel regulations,
  • regarding personal data,
  • labelled in accordance with legal regulations as a classified fact to which the applicant does not have authorized access,
  • obtained from a person to whom such an obligation is not imposed by law,
  • related to ongoing criminal proceedings,
  • regarding the decision-making activity of the courts,
  • labelled as a trade secret according to the Civil Code,
  • if this would violate the protection of the rights of third parties to the subject matter of copyright or rights related to copyright,
  • related to the stability of the financial system,
  • additional information under the Freedom of Information Act.

The director of NIMH issues a decision on failure to provide information.

Remedies

An appeal against the NIMH's decision to reject an application can be filed within 15 days from the delivery of the decision, at the same places where a request for information can be submitted.

An appeal can challenge the statement part of the decision, an individual vedict or its subsidiary provisions. An appeal against the justification of the decision is inadmissible.

The director of NIMH can decide on the appeal him/herself, if he/she accepts the appeal in full and together with the decision on appeal provides the required information, or if the appeal is refused (even if only partially), he/she shall immediately send his/her statement to the Ministry of Health of the Czech Republic, which will decide on the appeal.

It must be clear from the appeal who makes it, what subject it concerns and what is proposed. New facts and proposals for the introduction of new evidence, stated in the appeal or during the appeal procedure, will be taken into account only if they are such facts or evidence that the participant could not use earlier.

The applicant can file a complaint against the NIMH procedure of processing the application if:

  • does not agree to the processing of the request by referring to the published information according to § 6 of the Act on Free Access to Information
  • if the requested information was not provided within the specified period
  • if the information has been partially provided without a refusal decision being issued on the remainder of
  • if the application does not agree with the amount of payment communicated or with the amount of reward required in connection with the provision of information.

A complaint can be submitted in writing or orally and is submitted in the same way as an appeal, namely within 30 days from the delivery of the notification of data on the search for published information pursuant to § 6 of the Act on Free Access to Information, from the delivery of the notification of postponement of the application pursuant to § 14 paragraph 5 letter c) of the Act on Free Access to Information, from the delivery of the notification of the limitation of costs pursuant to § 17, Paragraph 3 of the Act on Free Access to Information, or from the expiry of the period for providing the information.

For details, see § 16 and 16a of the Act on Free Access to Information.