Access to case files — why and how to use this right

The right to access case files (wgląd do akt) is one of the fundamental rights of a party to administrative proceedings, guaranteed by Article 73 of the Code of Administrative Procedure (k.p.a.). It means you have the right to review all documents collected by the authority in your case — both those you submitted yourself and those produced by the office or obtained from other institutions.

When is it worth submitting a request? Primarily when your case is not moving forward and you do not know what is missing for a decision to be issued. Access to files lets you check what documents the office holds, whether there are errors or gaps in the file, whether the office has corresponded with other authorities and what conclusions it drew from that correspondence. This is especially useful before filing an appeal against a negative decision or before sending a ponaglenie.

To exercise this right, submit a written request to the office. The request should include your personal details, case number, and a request for an appointment to review the files. The office sets a date at its premises where you can review the files under the supervision of a member of staff — you can also request copies or certified extracts of documents (subject to an administrative fee).

Alternatively, you may request that copies of the files or parts of them be sent to you — however, not all offices accommodate such requests and practices vary. It is safer to attend the office in person, having first confirmed the appointment.

Note that the office may restrict access to parts of the file if they contain classified information or protected data relating to other parties — in such cases it must issue a formal ruling on the refusal of access to the relevant materials.