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Berlin moves to roll back German Freedom of Information rights

Berlin moves to roll back German Freedom of Information rights

The German government is preparing to tighten its Freedom of Information Act, a move journalists and transparency advocates warn will dismantle public oversight of state power.

Germany’s federal government is preparing significant restrictions to its Freedom of Information Act, confirming proposals that would fundamentally alter how citizens and the press access state documents. The plans, outlined in a July 2 coalition committee agreement and confirmed by the Federal Interior Ministry under Alexander Dobrindt, reverse a core principle of the 2006 law.

Currently, anyone can request federal administrative records, contracts and official correspondence without needing to justify why. Under the new proposals, applicants would have to demonstrate a specific "legitimate interest" and prove the information cannot be obtained through other legal avenues.

The reforms would also ban organisations from submitting requests entirely. By limiting applications to "natural persons", the government would strip legal entities—such as media organisations, charities, and campaign groups like Amnesty International and FragDenStaat—of their ability to challenge the state directly.

Financial and administrative barriers are set to rise. The current €500 fee cap would be removed in favour of cost-recovery charges, while the names of government employees would be redacted from disclosed documents. Authorities would also gain broader powers to withhold information related to critical infrastructure, counter-intelligence and scientific research.

The government claims the changes will reduce bureaucracy and adapt to new security threats. Yet the law has been a critical tool for holding officials accountable. Freedom of Information requests helped expose the COVID-19 mask procurement controversies involving former Health Minister Jens Spahn, as well as the toll road scandal linked to former Transport Minister Andreas Scheuer.

Notably, the reforms could curtail scrutiny of the very scandals that exposed the need for transparency. Philipp Amthor, the CDU politician whose lobbying for Augustus Intelligence was uncovered through information requests, later served as the lead negotiator for the working group discussing these IFG changes during coalition talks.

The proposals have drawn fierce criticism from across the political and media spectrum. The German Journalists' Association, Reporters Without Borders, and Berlin's Freedom of Information Commissioner Meike Kamp have all voiced opposition.

"Under the pretext of having to adapt to new security threats, (the government) is fundamentally undermining the legal foundations of government transparency," said Konstantin von Notz, deputy chair of the Green Party parliamentary group. With more than 300,000 requests filed since 2006, including 19,000 last year alone, critics argue the law is working as intended and should not be weakened.

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