Experts have sometimes sharply criticized the draft Freedom of Information Act, which is intended to reform official secrecy. The fact that communities with fewer than 5,000 inhabitants are exempt from the proactive publication requirement is “a violation for their residents,” says Mathias Huter of the “Freedom of Information Forum”. Administrative lawyer Peter Bußjäger viewed the distinction as discriminatory against citizens in smaller communities.
In principle, the Freedom of Information Forum welcomed the fact that there is now a new government draft law on freedom of information. “Every movement is positive, politics has been in our word for ten years,” Huter wrote in a statement.
“perpetuity clause”
But the devil lies in the details. Huter is particularly bothered by the fact that every federal state can prevent the law from being changed in the future – a ‘perpetuity clause’, he criticizes. However, reformability must be maintained at all costs.
“Danger to media work”
Huter also draws attention to paragraph 10 regarding persons subject to investigations. If providing information infringes on the rights of another person, “the responsible authority must, if possible, inform and hear them in advance,” it says. Because the regulation does not provide for the possibility for the authorities to protect the identity of the applicant, “this is a danger to media work and would encourage interventions in ongoing investigations,” Huter fears.
“Messing with the Mayor”
Information of general interest must continue to be proactively published by public authorities in the future. These must be made publicly accessible on a website. However, communities and community associations with a population of up to 5,000 are exempt from the proactive publication requirement.
Huter criticizes the fact that citizens of small communities have to “compete with their mayor” for information that other mayors are obliged to release on their own initiative.
“Not necessarily a big relief”
More than 1,800 communities with a total of more than 3.4 million inhabitants are exempt from the proactive publication obligation, explains administrative lawyer Bußjäger. “I don’t necessarily see much relief for these communities if they don’t have to upload information of public interest to the platform. “A relatively large number of citizens are affected,” he said in the Ö1 “Morgenjournal”.
“Big disappointment”
Constitutional lawyer Heinz Mayer also critically assessed the draft in the ‘Morgenjournal’: ‘It is a great disappointment.’ Official secrecy would thus be removed from the law, but all reasons for secrecy would continue to exist. “And above all, and worst of all, it remains up to the authority in possession of the information to decide whether or not there is a duty of confidentiality. We already have that and that is of course bad.”
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.
