EXPLAINED: What changes with Austria's new Freedom of Information law?
The Austrian government agreed with the opposition party SPÖ to approve the Freedom of Information Act, effectively abolishing official secrecy in the country.
The ÖVP-Greens coalition needed a larger majority - and got it after the deal with the centre-left SPÖ - to approve the constitutional provisions in the law, as reported.
The law will give all citizens a fundamental right to information, which they can claim when making inquiries. The "official secrecy" governments and government officials used to have has been removed from the constitution.
The authorities will have to state their reasons not to give out information, and some exceptions have already been drafted. For example, they can remain silent on the grounds of "data protection, the preparation of a decision or maintenance of public order and security". Otherwise, the law provides for short deadlines for authorities to give out information.
Here are some of the main changes.
Deadlines, obligations and costs
Everyone in Austria will have a right to information. The law states that authorities need to provide the information within four weeks. If they refuse their obligation, a formal decision, which can be contested in court, needs to be issued.
READ ALSO: How Austria has tightened laws to prevent political corruption
Additionally, all enquiries need to be free of charge. Concerning this point, the government also added a provision to reimburse costs for provinces and municipalities.
One of the main contention points is that in the future, all public bodies will have to publish "information of general interest" automatically, without a request. The law doesn't specify what would be qualified as information of general interest, but it does exempt cities with fewer than 5,000 inhabitants from doing so.
The law also extends to state-owned companies, like Wien Energie or ÖBAG, for example.
The coalition draft proposes an obligation to "provide information to data subjects": if an individual requests data about a third party from a public authority, the office is obliged to inform them. Due to pressure from the SPÖ, the identity of the inquirer will not be revealed.
Additionally, in cases where the inquiry is sensitive and involves a journalist, the information must be omitted altogether.
When will the law be valid?
If the regulation is passed and promulgated in January, there will be a transitional period. The law will then come into force in the summer of 2025.
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The ÖVP-Greens coalition needed a larger majority - and got it after the deal with the centre-left SPÖ - to approve the constitutional provisions in the law, as reported.
The law will give all citizens a fundamental right to information, which they can claim when making inquiries. The "official secrecy" governments and government officials used to have has been removed from the constitution.
The authorities will have to state their reasons not to give out information, and some exceptions have already been drafted. For example, they can remain silent on the grounds of "data protection, the preparation of a decision or maintenance of public order and security". Otherwise, the law provides for short deadlines for authorities to give out information.
Here are some of the main changes.
Deadlines, obligations and costs
Everyone in Austria will have a right to information. The law states that authorities need to provide the information within four weeks. If they refuse their obligation, a formal decision, which can be contested in court, needs to be issued.
READ ALSO: How Austria has tightened laws to prevent political corruption
Additionally, all enquiries need to be free of charge. Concerning this point, the government also added a provision to reimburse costs for provinces and municipalities.
One of the main contention points is that in the future, all public bodies will have to publish "information of general interest" automatically, without a request. The law doesn't specify what would be qualified as information of general interest, but it does exempt cities with fewer than 5,000 inhabitants from doing so.
The law also extends to state-owned companies, like Wien Energie or ÖBAG, for example.
The coalition draft proposes an obligation to "provide information to data subjects": if an individual requests data about a third party from a public authority, the office is obliged to inform them. Due to pressure from the SPÖ, the identity of the inquirer will not be revealed.
Additionally, in cases where the inquiry is sensitive and involves a journalist, the information must be omitted altogether.
When will the law be valid?
If the regulation is passed and promulgated in January, there will be a transitional period. The law will then come into force in the summer of 2025.
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