Access to official information could become significantly more difficult under the federal government’s current plans. In early July, key points of a reform of the German Freedom of Information Act (Informationsfreiheitsgesetz – IFG) became known. Among other things, the introduction of a “legitimate interest” requirement as an additional precondition for access is being discussed. Further proposals include limiting the personal scope of application to natural persons and making changes regarding fees, redactions, and special protected areas.
Legitimate Interest as a New Requirement for Access
To date, the Freedom of Information Act generally grants any person an unconditional right of access to official information held by federal authorities. In the future, applicants may be required to demonstrate a “legitimate interest” as an additional prerequisite.
Applicants could therefore be required to explain why they need a particular piece of information. This would alter the current framework and could create additional questions regarding review procedures and the delineation of qualifying interests.
The objective of appropriately protecting employees, sensitive information, and security-related matters is understandable in principle. However, the current IFG already contains various exemptions designed to safeguard these interests. It will therefore be necessary to assess whether further restrictions are required and proportionate, or whether a more precise application of the existing rules would already be sufficient.
Further Restrictions on Access to Information
Recent investigative reporting by MDR suggests that the considerations within the Federal Ministry of the Interior may go even further. According to an internal memorandum, proposals reportedly include not only an identification requirement for applicants, but also the abolition of the oversight function currently assigned to the Federal Commissioner for Data Protection and Freedom of Information (BfDI) under Section 12 IFG. This would ultimately lead to the abolition of the office of the Federal Commissioner for Freedom of Information itself. Ongoing legislative procedures could also be excluded from information access as a whole. If these proposals are incorporated into a legislative draft, the reform would not merely reorganize certain procedural aspects but could also significantly weaken both institutional oversight and the practical reach of access to information.
The Specific Design Will Be Crucial
The initiative is still at a stage preceding the formal parliamentary legislative process. No official draft bill has yet been published. The precise design of the reform remains the subject of internal governmental discussions.
Only once a draft has been submitted will it be possible to assess its scope, exceptions, and possible transitional provisions in greater detail. The key factor will be whether the reform of the Freedom of Information Act strikes an appropriate balance between transparency, privacy interests, and administrative burden.
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