Germany set to curb its Freedom of Information Act
The German government wants to amend the Freedom of Information Act. Critics fear this will spell the end of the government's obligation to disclose information
The German government wants to amend the Freedom of Information Act. Critics fear this will spell the end of the government's obligation to disclose information. Shortly before the German parliament's summer recess, lawmakers approved a whole series of reforms. "These reforms are meant to get Germany back on track," said Chancellor Friedrich Merz optimistically. Toward the bottom of the 34-point list of reforms is something that has begun to cause great controversy: the ruling coalition of conservative Christian Democratic Union (CDU)/ Christian Social Union (CSU) and the center-left Social Democratic Party (SPD) wants to significantly alter the Freedom of Information Act (IFG), which has been in effect since 2006. Critics say, the plan is to abolish it altogether. The IFG grants every individual the right to access official information held by federal agencies. This is the law that many organizations, including environmental groups, consumer protection organizations and, not least, journalists, cite to demand that government agencies provide them with data and substantive material quickly and free of charge. Exceptions apply only to security-related information, such as that held by intelligence agencies, which is, quite understandably, subject to special protection. As cyberattacks threaten Germany, can Berlin keep data safe? To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video The IFG is crucial for journalists and NGOs However, in the opinion of CDU and CSU, all government information must be treated with exceptional confidentiality in an era of global cyberwarfare and hacker attacks.
The government has long intended to significantly amend the regulations. Now, the 34-point reform paper states that there is a particular need to protect government data during "times of highly complex threats, both domestic and foreign." According to the government's plan, this could effectively mean that only "natural persons" — not associations or organizations — would have the right to submit requests to government agencies. Currently, requests submitted to, for example, federal ministries are answered either free of charge or for a small fee; now, fees could rise significantly. And the names of employees in government agencies and ministries, among others, could be redacted in the future to protect them "from hostility and threats." Foreign citizens' rights What is likely to be even more controversial: the government wants to look into the legality, under current law, of limiting these rights to "German citizens and EU citizens living in Germany" — that is, to citizens of the European Union. What's more, information on subjects like critical infrastructure, counterintelligence and counterterrorism should be handled with particular care going forward. As a member of the Parliamentary Oversight Panel overseeing the intelligence services, Konstantin von Notz, lawmaker from the opposition Green Party, is very familiar with handling sensitive information. Yet he has said about the new plans: "Under the pretext of having to adapt to new security threats, they are fundamentally undermining the legal foundations of government transparency." The coalition promised to modernize the state, he said, but this is "the exact opposite — namely, a drastic step backward from hard-won civil rights." Media freedom under threat globally To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video An open letter from 110 organizations In an open letter, 110 civil society organizations — including Greenpeace, Transparency International and Amnesty International — have urged the government: "Stop these plans!
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