Your right to curiosity – Do you already know the Freedom of Information Acts?
Checklist for your application for access to information
Successfully submitting a request for access to information is basically easy. But, there are a few possible problems lurking in the procedure, especially if authorities want to obstruct the release of information.
This articl will give you tips and advice to help you keep track of the application procedure. The articl refers to the flyer "Your right to curiosity" and provide more detailed information.
The Freedom of Information Act (IFG) and the Environmental Information Act (German link) (UIG) apply at federal level. Federal state governments and local governments have their own laws.
In principle, any person can submit an application under the IFG or the UIG. It does not matter where the person making the request is domiciled or what nationality he or she has.
The application under the IFG and the UIG is not subject to any condition. However, if you wish to obtain personal data, copyrights or trade secrets of third parties according to the IFG, then you must state pertinent reasons for your request.
Your application also does not require a specific form. You can submit it either in writing, electronically, e.g. by e-mail, or even verbally.
Freedom of information concerns only the release of existing official information. It is important that the desired information is actually available at the requested authority. In the case of information according to the UIG, there must also be an environmental reference. It does not matter how information is stored. Official information and environmental information can therefore be, for example, files, notes, documents, plans, reports, e-mails, videos or concepts. However, the authority does not have to check whether the information is up-to-date or correct in terms of content.
After the application under the IFG or the UIG, information must be made available to you immediately. This should be done within a month. This deadline does not apply to extensive and complex applications or if it is necessary to involve third parties.
Simple information, which can be answered with little effort, is free of charge. For inquiries that require a lot of effort and involve third parties, fees of up to 500 euros can be incurred. An overview of fees and expenses can be found in the Ordinance on Fees (German Link) payable under the Freedom of Information Act (IFGGebV). Ask for a cost estimate in advance. If your application is rejected, you will not incur any costs.
If the authority you requested for information does not actually have the information, your application will be rejected. An application may also be rejected if you already have the information or if you can obtain the information from generally accessible sources, e.g. on the respective authority's website.
The rejection of an application must be justified and contain information on the right of appeal. This then indicates the period of one month in which you can lodge an administrative appeal. In addition, it must specify the authority to which you must send your appeal. If the appeal is unsuccessful, you can file a complaint with the administrative court.
You also have the opportunity to contact the BfDI. You can always do this if you consider your right under the IFG or the UIG to be violated.
Telephone: +49(0)228 997799-0
E-mail: poststelle@bfdi.bund.de
We advise and support you in your application and mediate between you and the authority if necessary. For data protection reasons, we require your consent to disclose your name to the authority.
The BfDI cannot issue instructions to the authority, but can only mediate and insist on a proper procedure. Please note that the intervention of the BfDI does not stop the deadlines for administrative appeals or action.