Transparency in public housing allocation is more important than the right to privacy

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Transparency in public housing allocation is more important than the right to privacy

Upon request, local government authorities must disclose who has been granted the right to municipal facilities, the Supreme Administrative Court has concluded.

The Supreme Administrative Court, in contrast to the Opole Provincial Administrative Court, concluded that the right to privacy cannot be an obstacle for people to find out how local government authorities manage the resources of municipal facilities (judgment of 30 July 2024, ref. No. III OSK 163/23).

“The allocation of municipal apartments by municipalities arouses enormous social emotions in a situation of crisis in the real estate market caused by the high cost of new apartments, lack of new facilities and repeated information in the press about the use or allocation of apartments by unauthorized persons. That is why it is so important that society has real knowledge about who receives municipal facilities. Full transparency in this regard excludes or at least significantly limits situations in which public property in the form of municipal facilities is used incorrectly,” the Supreme Administrative Court explained.

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