End of official secrecy has been drafted

Mar 10, 2021 Benn-Ibler Rechtsanwälte

After a long period of announcements, a draft of the Federal Chancellery (Bundeskanzleramt) for a new Freedom of Information Act (Informationsfreiheitsgesetz, IFG) is now available. The act aims to replace the constitutionally enshrined official secrecy with an enforceable right to information.

First, the draft provides for an amendment of the Federal Constitutional Law (Bundes-Verfassungsgesetzes, B-VG). The official secrecy enshrined in Art 20 (3) and (4) is to be removed. Instead, in a new Art 20a B-VG, the legislature and the administration are to be obliged to "publish information of general interest in a manner accessible to everyone". Furthermore, everyone shall have the right of access to information with respect to these organs. Exceptions exist only if secrecy is required for compelling foreign and security policy reasons, to avert substantial economic damage or to protect "overriding legitimate interests".

The IFG defines this "right of access to information" in more detail. Information of general interest must be published proactively in an electronic information register (www.data.gv.at). Information is of general interest if "it concerns or is relevant to a general group of persons, in particular studies, expert opinions, statements and contracts with an object value of at least 100,000 Euros". Sec. 6 IFG also defines in more detail when information is to be kept secret.

Information may be requested in writing, orally or by telephone. Access to the information must be granted within a period of four weeks, in exceptional cases eight weeks. If information is not provided, a decision must be issued within two months. This can be appealed to the administrative court. The court must make a decision within two months.

The draft is now open for review until 19 April 2021.

Draft, Bundeskanzleramt (22.01.2021)