Suchergebnisse

The central question in teaching the subject of confidential information is to define the borderline between the citizens' interest in learning certain information ("the right to know") and the general interest of keeping certain information confidential - in a word, between the justifiable and unjustifiable secrets. This is an area which includes parts of administrative and public media law and the theory of public law. This paper is limited to the analysis of the issue of the classified information in state possession (state, military and official secret) on three levels: theoretical, comparative and on the level of Croatian legislation. The essential elements of the theoretical concept of confidentiality are: the possession of the information kept secret from others; deliberate concealment; social context. A secret can have different forms: strategic, private, pressing, sequential, collective, petty, deep, simple, exploited and as conspiratorial as a plot. The theoretical analysis of confidentiality deals with the questions of contemporary forms of the manipulation of information (defining agendas and priorities, "quantitative overload", lobbying) and with the generic issue of the process of decision-making, lies and halftruths. In the end, the author offers certain elements for the legislation regarding classified information. (SOI : PM: S. 197)

In Croatia, the issue of the legal status of the sources of journalists' formation as well as the status of journalists who publish sensitive information is increasingly gaining prominence. This is a subject which includes elements of constitutional, media, labour, civil, and penal law. The essay is limited to people as information sources. The sources can be divided into internal and external. The rationale for the sources' confidentiality privilege lies in the fact that journalists serve public goals and their sources can find themselves imperilled. According to the author's classification, the risks of this privilege are faced either by the sources (direct or indirect manipulation, smear campaigns, misapprehensions) or by the journalists ("protecting" a fictional source, subsequent blackmail of the source, misapprehensions). In Croatia, the protection of the information sources is defined in Article 12 of the Law on Public Information. The author outlines the major comparative systems of regulation of this field, the examples of antinomies among different Croatian regulations (the principles for their resolution are also offered) and analyses the position of certain types of sources in relation to the Croatian law. And finally, the author compares the regulations of the Croatian law with the comparative systems, analyses the representation of certain forms of responsibility of certain types of subjects and lists the principles he deems most important regarding journalists' work (the necessity of protecting the sources, the responsibility of journalists towards their sources, the different legal statu of journalists and their sources, the protection of privacy, the verification confidentiality, the more dominant interest, the importance of administrative ethics, the familiarity with the regulations, the adequate legal definition of a secret). (SOI : PM: S. 228)