Constitutional Minister Karoline Edtstadler (ÖVP) had promised a “paradigm change” in advance. Now the federal government has actually signed the Freedom of Information Act. “The end of official secrecy is coming!”, Vice Chancellor Werner Kogler opened his joint press conference with Edtstadler on Thursday. The “Metternich spirit” has been expelled, the Green Party leader said. The package requires federal, state and local governments to answer citizens’ questions and provide them with information.
The official secret that has existed for more than 100 years will now be abolished and “the path to a modern, transparent state” will be created, Edtstadler emphasized. On the one hand, the new law, which also requires an amendment to the Federal Constitution and must therefore be adopted by a two-thirds majority in Parliament, meets the information needs of citizens in the 21st century. On the other hand, the sense of proportion was also retained when it came to bureaucratic efforts, according to the ÖVP minister.
The key points of the Freedom of Information Act
Freedom of information and transparency would now become ‘the rule’ and secrecy ‘the exception’, Edtstadler continued. The obligation to provide information affects the administrative bodies of the federal and state governments and all municipalities – including the bodies charged with the work of the federal government and the state administration. Information must also be provided by non-sovereign foundations, funds, institutions and companies subject to the audit of the Court of Audit or a state audit office. However, the competitiveness of companies should not be undermined.
The new law is based on two pillars:
- Proactive disclosure of information in the case of data of public interest
- Passive provision of information at the request of citizens
What exceptions are there?
Because there was uncertainty about this in recent weeks, Edtstadler made it clear that municipalities were also “very strongly” covered by freedom of information. However, a distinction must be made here between the two pillars. Municipalities are only obliged to proactively provide information if the population has 5,000 or more inhabitants. Smaller municipalities must also provide data for citizen questions. However, information relating to public security or highly personal data or aspects of data protection law is excluded in all cases.
Free requests for information must be made verbally on site, in writing or by telephone. A period of four weeks then commences within which the answers must be received. According to the cabinet, this period can be extended by another four weeks for ‘complex issues’. If the authorities ultimately do not comply with the request for information, you can file a complaint with the administrative law judge.
By the way, you have been able to go to the municipalities and obtain information for a long time. More precisely since 1987, when the obligation to provide information was introduced. However, documents did not yet have to be submitted. That should change with the planned law.
Freedom of information should come into force in 2025
The package was presented to the political groups prior to the public presentation. It is still unclear whether they agree with this. In the past, the SPÖ has repeatedly spoken out in favor of introducing such a freedom of information law, but the FPÖ’s approval is considered quite uncertain. The law must be passed as soon as possible; According to government plans, the new provisions should enter into force in 2025.
Signal to the outside world: coalition works
Recently there was a louder blow in the turquoise-green bars, because the ÖVP’s draft for an investigative committee had accidentally become public, which would also have been aimed at its own coalition partner. The Greens were ‘surprised’ by this. The recent presentation of the Freedom of Information Act should also serve to demonstrate the general enthusiasm for work.
Source: Krone
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
