Freedom of Information Act Replaces Official Secrecy from September

Essentially, the Freedom of Information Act introduced an obligation for administrative bodies to provide information to all citizens, as well as the "proactive" publication of relevant information. Exceptions include sensitive areas such as security and personal rights, as well as small municipalities.

Freedom of Information Act allows everyone to request information free of charge

According to the legal text, information is "any record serving official or business purposes within the scope of an organ." And "regardless of the form in which it is present and available." All administrative bodies of the federal, state, and municipal governments, as well as entities entrusted with administration, are affected. Non-sovereign foundations, funds, institutions, and enterprises subject to the control of the Court of Audit or a state audit office are also included. Publicly listed companies are exempt.

In the future, any person can request information free of charge, a simple informal request is sufficient. The desired information must already be available at that time. Obligated entities have four weeks to respond, and in complicated cases, the deadline can be doubled. If this requirement is not met, complaints are possible. If the request is "obviously abusive" or disproportionately impairs the work of the authority, it does not have to be granted.

"Proactive" publication in information register

Furthermore, information of "general interest" must also be published "proactively" by state bodies. This refers to information that is relevant to a general audience, such as studies, reports, surveys, and statements. Contracts with a value of over 100,000 euros "are in any case of general interest." Exempt are municipalities with a population limit of up to 5,000 inhabitants, which can publish on a voluntary basis.

The data should be made publicly accessible in the information register (www.data.gv.at). Parliament, the Court of Audit, and courts may use their own websites. The rule applies to information that arises after the law comes into effect; existing data does not need to be published. Reasons for confidentiality, such as those of national security, argue against publication. Competitiveness can also be a reason for confidentiality.

Adoption of the Freedom of Information Act in Early 2024

Official secrecy or confidentiality has been enshrined in the constitution since 1925. Later, the obligation to provide information for certain cases was added. These provisions are now being replaced by freedom of information, which also holds constitutional status. For further elaboration, there is the simple Freedom of Information Act (IFG). The changes were developed from 2020 by the then black-green federal government. The decision in the National Council followed in early 2024, with the SPÖ ensuring the necessary two-thirds majority. The FPÖ and NEOS voted against it, objecting, among other things, to exemptions for small municipalities, state parliaments, and chambers. The relatively long period until it comes into force was justified by the need for appropriate training and guidelines.

In July of this year, the current coalition of ÖVP, SPÖ, and NEOS finally completed the last legislative preparations. No fewer than 140 substantive laws had to be adjusted for this. Technically, the omnibus amendment was so extensive to remove the term of official secrecy from the respective laws and instead implement the new constitutional requirements. The Freedom Party feared legal problems for officials. From the Greens - now in opposition - came the objection that the drafts had come too late and were partly contradictory. Nevertheless, the new freedom of information applies from September, with a transition period of three months for the use of the central information register.

(APA/Red)

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