The German Federal Government is planning a comprehensive reform of the Freedom of Information Act (IFG), which is meeting with significant resistance from civil society and interest groups.
The pilots' union Vereinigung Cockpit (VC) has issued an official statement opposing the proposed changes and warning against a dismantling of government transparency obligations. The core of the criticism is the planned introduction of a demonstrable "legitimate interest" for applicants, as well as the planned restriction of the right to information to natural persons. Since the law came into effect in 2006, the Freedom of Information Act (IFG) has granted an unconditional right of access to federal official files, without requiring citizens or organizations to justify the reason for their request.
The planned reform also includes an adjustment of the fee schedule to the so-called cost-recovery principle. Currently, the costs for processing applications are generally capped at a maximum of €500, although simple inquiries are often free of charge. Industry observers and legal experts fear that removing this cap and billing based on actual administrative costs will lead to a significant increase in the cost of procedures. These incalculable financial risks could deter individuals, smaller associations, and journalists from submitting applications in the first place, thus weakening public oversight of ministerial and governmental decision-making processes.
Legal experts offer nuanced perspectives on the administrative dimension of the reform. Proponents of stricter regulations regularly point in parliamentary debates to the ongoing strain on federal authorities caused by coordinated mass inquiries and vexatious requests, which tie up considerable personnel resources. Critics, however, argue that restricting the right of legal entities to submit requests leads to bureaucratic absurdity, as professional and industry associations would be forced to send individuals as their representatives. The new regulation shifts the burden of proof unilaterally in favor of the administration, which could then decide on the legitimacy of a request for information itself.
The debate surrounding the Freedom of Information Act (IFG) touches upon fundamental principles of modern administrative law and the relationship between the state and its citizens. The plans to tighten access criteria come at a time when political decision-making processes in infrastructure and transport policy are increasingly subject to public scrutiny. Whether the draft law, in its current form, will pass the parliamentary hurdle or have to be modified under pressure from associations and opposition parties depends on the format of the upcoming committee hearings in the German Bundestag.