Austria: From Official Secrecy to Freedom of Information

Aug 1, 2025 Benn-Ibler Rechtsanwälte

The implementation of the new Austrian Freedom of Information Act (Informationsfreiheitsgesetz, hereinafter IFG) on 1 September 2025, will grant all individuals the right to access government-held information. Authorities and public bodies will be required to disclose information and proactively publish key documents, including expert reports and contracts. This development represents a significant advancement towards increased transparency.

What is the Freedom of Information Act (IFG)?

The Freedom of Information Act (IFG) eliminates the official secrecy previously mandated by the Austrian constitution, which was lifted only in exceptional circumstances through a duty to disclose information, and establishes an individual right to access information. Going forward, governmental authorities, state-affiliated enterprises, and all public institutions subject to oversight by the Court of Audit will be required to provide information deemed to be of public interest.

The implementation will proceed in two main ways, first, through the proactive publication of information on a central register that will encompass expert reports, studies, contracts, and other relevant documents. Second, citizens will be provided with an individual right to access information, allowing them to request specific details from government agencies. The stipulated response period for such requests is four weeks.

To whom is the IFG applicable in Austria?

The law is applicable to all authorities at the federal, state, and municipal levels, including state-affiliated enterprises and organisations engaged in public functions. Municipalities with populations under 5,000 are exempt from the mandatory publication of this information, though they may choose to do so at their discretion.

The obligation to disclose information under the IFG extends to various public entities, including federal, state, and local authorities, as well as municipal associations such as cities and municipalities. Regardless of population size, municipal associations are still required to proactively disclose certain categories of information.

Information can be withheld if specific protection interests exist, including the protection of legitimate interests related to data protection, national security, or other significant public interests. The law aims to increase transparency of government actions and enhance access to information.

Austrian Federal Law Gazette I No. 5/2024