Coalition Plans Sweeping Restrictions on Freedom of Information Act

At their core, the plans provide that in the future only natural persons with a demonstrable legitimate interest may file requests, provided the desired information cannot be obtained through other regulations. Associations, foundations, companies, and other legal entities are to be excluded from the right to information. The managing director of Transparency International Germany, Lüttich, warned on Deutschlandfunk that implementing the plans would mean the end of freedom of information as it has existed until now.

In addition, the abolition of the current fee cap of 500 euros per request is planned. In the future, fees are to be aligned with the cost-recovery principle and based on actual administrative effort. Observers fear that individual requests could thereby climb into the four-figure range. Lüttich warned of a sharply increased bureaucratic burden, saying it would turn freedom of information into a luxury.

Special Areas and Security Exceptions

Another central element is the introduction of a special protection requirement for certain areas, including critical infrastructure, counter-espionage, counter-terrorism, and scientific research. A corresponding formulation had already been used by the Berlin House of Representatives at the end of March to restrict the city's state freedom of information law. In the future, authorities should also be able to refuse information by invoking security concerns.

Criticism from Civil Society and the Opposition

The plans are meeting with sharp criticism from civil society, the media, and the opposition. Arne Semsrott, project lead of the portal FragDenStaat, described the reform according to netzpolitik.org as "der schwerste Angriff auf staatliche Transparenz in der Geschichte der Bundesrepublik". If only private individuals were permitted to file requests in the future, organizations such as Deutsche Umwelthilfe, Amnesty International, and FragDenStaat itself would be excluded from making inquiries.

Clara Bünger, the Linksfraktion's spokesperson on interior policy, criticized the plans as an attempt to make the government "unangreifbar machen" and spoke of an attack on press freedom. The Left Party interpreted the reform in this sense. The Deutscher Journalisten-Verband called on members of parliament not to approve the changes and spoke of "die Abschaffung der Informationsfreiheit". The association pointed out that follow-up inquiries from media companies would no longer be possible under the new rules.

Daniel Drepper of Netzwerk Recherche described the plans as a frontal attack on investigative journalism. Konstantin von Notz, deputy chair of the Greens' parliamentary group, said that what was currently being experienced in this area was the exact opposite of progress, namely "ein krasser Rückschritt hinter mühsam erkämpfte Bürgerrechte". Under the pretext of needing to respond to new security policy threats, the legal foundations of government transparency were being undermined.

The Federal Commissioner for Data Protection, Specht-Riemenschneider, had previously spoken critically to the Redaktionsnetzwerk Deutschland and warned of discrimination. The IFG grants citizens access to official information and documents, for example from ministries and the Chancellery, and currently contains exceptions only for special areas such as intelligence services. Last year, roughly 19,000 IFG requests were filed with top federal authorities, their subordinate agencies, and other federal institutions; more than 18,000 decisions or responses were issued.

Open Questions and Further Procedure

It remains unclear so far whether the circle of those entitled to file requests will additionally be restricted to Germans and EU citizens living in Germany. In addition, the names of officials in released documents are to be redacted in the future to protect them from hostility. The reform package, which Federal Chancellor Friedrich Merz (CDU), Lars Klingbeil, Bärbel Bas (both SPD), and Markus Söder (CSU) jointly presented, comprises a total of 34 measures, including a simplified handling of the General Data Protection Regulation as well as relief from documentation obligations for companies.

The reform is justified, according to the resolution paper, by the fact that access to official information via the IFG should be made "verständlicher und transparenter". Critics see a contradiction between this justification and the actual restrictions. Documents from IFG requests have played a role in past reporting, including on the mask affair surrounding then-Federal Health Minister Jens Spahn (CDU) and the funding affair at the Federal Ministry of Education.