The planned changes to the Freedom of Information Act (IFG), which were revealed after the coalition committee meeting on Thursday, are now drawing criticism from an unexpected source. The piloting association Cockpit issued a statement on Friday arguing that the federal government’s plans constitute “a severe attack on state transparency and democratic control.”
Critics argue that introducing conditions for accessing official information-such as requiring a “legitimate interest” and restricting access solely to “natural persons” while simultaneously raising financial barriers-fundamentally challenges the core principles of the Information Freedom Act.
Since 2006, German federal authorities have been subject to an unconditional right of access to official information. Currently, citizens, associations, and other organizations do not need to justify to an authority why they wish to scrutinize government actions. According to Andreas Pinheiro, president of Cockpit, the fundamental rule of information freedom is that “the applicant does not have to explain why they need the information-the state must justify why the information cannot be disclosed.” He warns that this principle now threatens to be reversed.
If access rights are indeed restricted to “natural persons” based on proof of “legitimate interest,” the IFG would effectively lose its substance. For example, professional or industry organizations wishing to review documents related to legislative processes or government decisions might no longer be able to apply directly. Instead, they would likely have to designate an individual who would present a personal “legitimate interest” to the authority, as Pinheiro noted. He deemed this scenario absurd, fearing that if authorities gain the power to determine whether an interest in their decision-making process is “legitimate” enough, a fundamental right to information will be converted into a privilege granted by the government.
