Freedom of information

This product was added due to formal or content, deficiencies in quality assurance to improve law. This is done to bring the quality of articles from the topic entitled to an acceptable level. Help us to eliminate the substantive shortcomings of this article and take part you in the discussion! ( ) Rationale: Under the freedom of information is understood in the German-speaking area commonly the fundamental right under Article 5 I 2 1 Var. GG, which states that " everyone " has the right " to teach unhindered from generally accessible sources ." However, the article describes something completely different. At present, therefore, there is a concept finding, the article is therefore to revise. In this case, if necessary, be made to the article receptacle freedom; But the Federal Constitutional Court does not use that term, but speaks in the case law continues to freedom of information. The problem was noticed in the deletion discussion on the article for the recipient freedom -. Aschmidt 01:19, February 29, 2012 (UTC)

Freedom of information, access to information and freedom of information transparency, English Freedom of Information ( FOI ) is a civil right of public access to documents and records of the public administration. In this framework, eg offices and authorities may be obliged to publish their files and processes ( transparency principle ) or for citizens to make accessible ( administrative transparency ) and define for this purpose binding quality standards for access.

The right of access to information is now at the local level, guaranteed in over 80 states through freedom of information laws (IFG ) and freedom of information statutes. They regulate the rights and place the detailed procedures in order to grant them free access. Freedom of information laws are primarily democratic opinion - and will-formation.

The connection to the recipient freedom insofar manufactured, as it collects information are intended by the provisions of the relevant freedom of information laws, the general public to gain information, and they are therefore in the public domain sources.

• 5.1 Sweden
• 5.2 United Kingdom
• 5.3 The Netherlands

• 7.1 Mexico: Transparency Law

History

Rights of access to public documents were first established in 1766 in Sweden. In the 20th century, followed by Finland in 1951, 1966, the United States, Denmark and Norway in 1970, France in 1978, in 1993 the canton of Bern, in 1994 Belgium, since 1998, various German states and Swiss cantons, 2001, the European Union, 2004, Switzerland, Germany in 2006.

Germany

A general right of access for citizens to information filed by federal agencies - independent of a direct personal concern - came into Germany as the Freedom of Information Act on 1 January 2006. In addition, there are federal states have similar laws in relation to state authorities ( including local authorities).

The Environmental Information Act first created in 1994 further to the sector of environmental transparency.

Recipient freedom in the Basic Law guarantees (Article 5 paragraph 1 sentence 1, 2 Hs GG). " Generally available " are those information sources that are technically suitable and determines the general public to gain information.

Not regularly covered by the access to information law are matters of internal and external security, investigative and litigation, intellectual property, operating and business secrets and personal data, where in general the principle is that the access to information law does not break the informational self -determination.

Country level

Entered into force freedom of information laws are already in the provinces

• Brandenburg ( 11 March 1998)
• Berlin ( 16 October 1999)
• Schleswig -Holstein ( 10 February 2000)
• North Rhine -Westphalia ( 1 January 2002 )
• Mecklenburg -Western Pomerania ( 29 July 2006)
• Hamburg ( August 1, 2006 )
• Bremen ( August 1, 2006 )
• Saarland ( 15 September 2006)
• Thuringia ( 29 December 2007)
• Saxony -Anhalt ( October 1, 2008 )
• Rhineland -Palatinate ( 1 January 2009 )

In Bremen, the law on the freedom of access to information for the state of Bremen (Bremer Freedom of Information Act, BremIFG ) was adopted on 16 May 2006 ( BremGBl S263 ) and entered into force on 1 August 2006. One difference in comparison to the Freedom of the Federal Government and all other German IFGS is an enhanced disclosure requirement on a central electronic information register, " to facilitate the retrieval of information " (§ 11 ( 5) ). This is based on the assessment, the usual requirement that an applicant 's request to the Unit must judge that has the desired information, and this has to describe as accurately as possible, constitutes a hurdle that can not overcome many citizens. In the central information register, which is accessible online, you can find out with different search terms, which documents could correspond to the information request and download them. Therefore, one can speak of a new generation of IFG, which is characterized by a transition from the obligation to collect the citizens to an obligation to deliver to the Authority. The BremIFG is temporary and provides an evaluation before the end of the time limit. The evaluation report was submitted in April 2010, together with a statement of the Senate of citizenship. There should be the amendment ( before May 2011) nor in the former legislature. A result is not known to us.

In Saxony -Anhalt, the access to information law was enacted in Saxony -Anhalt ( LSA IZG ) of 19 June 2008; published in GVBl. LSA 12/2008 S. 242 The Act came into force on 1 October 2008. It determined that each in accordance with the law has the right of access to official information. The cost to the law adopted Regulation ( IZG KostVO LSA ) is one of the most expensive in Germany. For the provision of information fees of up to € 1,000 can be levied. The state commissioner for data protection Saxony- Anhalt has under the law also performs the duties of the State Commissioner for Freedom of Information. He has to facilitate the execution of the law, made ​​extensive application notes.

On 11 November 2008, the parliament of Rhineland -Palatinate voted in favor of freedom of information legislation, which has been in force since 1 January 2009

In Baden- Württemberg, a draft law on 15 December 2005 was rejected by parliament.

In Bavaria, since 2001 there have been seven futile legislative initiatives of the Greens, the SPD, but in 2010 of the liberal voters. However, these were all rejected in the parliament of the CSU majority and from the state election in 2008 by the CSU FDP coalition. Nevertheless, freedom of information statutes establish at the local level. On the initiatives of local parties and alliances are now in 43 cities ( as in Munich, Nuremberg, Regensburg, Würzburg, Ingolstadt, etc.) freedom of information statutes in force, which guarantee freedom of information, at least for the own sphere of the community. The clubs More Democracy, Transparency International and the Humanist Union have joined forces in 2003 in Bavaria in the Alliance for Freedom of Information freedom of information laws at the state and local level to promote. Currently, in addition to the founding members belong to 12 other clubs and parties to the alliance.

In Lower Saxony, where also no Freedom of Information Act applies at the state level, the city of Göttingen has issued the first municipality in a freedom of information statutes. It was also issued the corresponding statute in March 2012 by the City of Brunswick.

Switzerland

In Switzerland, the federal law on the principle of management ( Transparency Act ), which was adopted on 17 December 2004 and entered into force on 1 July 2006, promoted the transparency of the administration by any person has the right to inspect documents the federal authorities to take.

The federal administration is now going to shift from the traditional secrecy principle to the principle of public access.

Austria

In Austria, the administrative transparency is regulated at the federal level by the information requirements (Federal Law of 15 May 1987 on the obligations of the federal administration and a change in the Federal Ministries Act 1986). For state and local governments the obligation to provide information - policy law such as the Wiener Accountability Act, the Lower Austrian Information Act or the Vorarlberg law on the provision of information in the applicable ( federal fundamental law of 15 May 1987 on the information to the administration of state and local governments ) as well as duty of disclosure laws in the countries administration of the state and the municipalities.

Unlike in Germany, no right of access to documents is derived from the right of the citizen, and EU-wide unique is the official secrecy or official secrecy constitutional status (Article 20 Federal Constitutional Law 1920). Since the beginning of 2013 in Austria there are first attempts to improve the freedom of information and to adapt the official secret means of a constitutional provision. After the national election, the government announced the new program of work to try taking into account the fundamental right to data protection, replace the official secrecy. A first draft report for a B- VG- Novelierung was provided for the first half of 2014 in view. End of March 2014 was sent to survey a much- criticized draft Freedom of Information Act.

Europe

The Parliamentary Assembly of the Council in 1979 Recommendation No. 854 (1979 ) adopted 'concerning public access to government records and freedom of information. " These principles have been implemented by the Council of Europe by euro recommendations of 25 November 1981 and 21 February 2002 in order to promote freedom of information laws in all of Europe member states. Freedom of information laws exist in almost all European countries.

Most countries in Europe have followed these recommendations and have passed laws. The Euro Europe is working on the adoption of a binding convention on access to public documents.

Public access to documents of the EU administration itself, Regulation (EC ) No 1049/ 2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents. For this April, an amendment was submitted in 2008, responding to the jurisprudence of the European Court of Justice and the recommendations of Parliament from 2006 - various details (definition of document veto rights ) but it viewed critically.

Article 19 of the European Convention for the Protection of Human Rights protects the freedom of information. Freedom of expression is protected separately in Article 18. The judgment of the European Court of Human Rights (Fifth Section), case Sdruženi Jihočeské Matky contains v. Czech Republic, Application No. 19101 /03 of 10 July 2006 " an explicit and undeniable recognition of the application of Article 10 in the case of a denial of an application for access to public or administrative documents. " The Case Geraguyn Khorhurd Patgamavorakan Akumb v. Armenia, Application No. 11721 /04 of 11 April 2006 confirmed this case law.

Sweden

In Sweden, the administrative transparency was introduced in 1766 with the Law on the Freedom of the Press ( Tryckfrihetsförordningen ) and is part of the Swedish Constitution. In the Swedish as Offentlighetsprincipen ( The principle of the public) is called and has been valid. It was the Finn (Finland was under Swedish rule at the time ) priests and members of parliament Anders Chydenius who " got through " the right of access to documents. This law was a response to the tremendous secrecy and censorship on the press in recent times.

The " Offentlighetsprincipen " states that all information and documents that have been produced or received by a public authority, the general public must be made available. Aunahmen apply, inter alia, for documents of security agencies and the military.

Great Britain

After a five- year transitional period, the British Freedom of Information Act came into force on 1 January 2005. The Information Commissioner is responsible for the law of the state.

Netherlands

The first Freedom of Information Act was introduced in 1980 in the Netherlands and in 2005 reformed. Currently it is used relatively rarely with 1,000 requests per year. A good example of the effectiveness of the Act provided the foundation " Wij vertrouwen stemcomputers niet " ( "We trust election computers" ). She has received several documents of the Dutch Electoral Committee in February 2007. These show that the election committee feared the election without computer manufacturer Nedap support to carry no more choice. In addition, Nedap sets in an e -mail of the Dutch Government to buy the company, failing which the next election will no longer be supported.

United States and Canada

In the United States exists with the Freedom of Information Act ( FOIA ) since 1966 and in Canada since 1985, a Freedom of Information Act. Recently, discussions in the United States inflamed especially on the question of how freedom of information and national security can be arranged as well as trade secrets can be protected effectively. An ever- reemerging in the German debate criticism is the additional administrative burden - alone at the federal level in the United States over 5,000 officials engaged in the processing of FOIA requests; the costs amount to about 300 million U.S. dollars.

Internationally

Worldwide, more than 65 countries have freedom of information laws adopted and a fundamental right enshrined in its constitution.

The rules in question are about:

• Article 10 Paragraph 3 Greek constitution 1975
• Chapter 1 § 3, Chapter 2, § 1 Z 2, Chapter 1, § 13 ( 1) Constitution Act 1975
• Article 268 Portuguese Constitution in 1976
• Article 105 letter b Spanish Constitution in 1978
• Article 110 Dutch Constitution in 1983
• Article 32 Belgian Constitution in 1994
• Article 12 para 2 Finnish Constitution in 1999

Single Legal provisions exist for example in:

• Law 2002-303 of 4 March 2002 on access to medical records
• Law No. 78-17 of 6 January 1978 on data processing, files and freedoms ( concerning access to electronically stored files)
• Law No. 79-18 of 3 January 1979 on the consultation of archives

Mexico: Transparency Law

Mexico was from 1929 to 2000 by the same party ruled: the Institutional Revolutionary Party (PRI; " Institutional Revolutionary Party "). The result was a very low level of transparency and, consequently, a high degree of corruption.

After the change of government in December 2000, Vicente Fox Quesada ( PAN) government has therefore created the Transparency Act, which came into force on 12 June 2003.

This law gives citizens the right to all (not "confidential" classified ) information to the Government, the Congress and all federal agencies to see. Of compliance with this law is watching a newly established Federal Institute for Access to Public Information ( IFAI - Instituto Federal de Acceso a la Información Pública ). In order to facilitate access, the request is performed via an electronic system. 2004 39.000 requests were registered, of which ¾ answered.