The new Federal Commissioner for Data Protection, Moritz Hennemann, has issued a warning regarding the proposed restrictions to the right to freedom of information. Speaking in Berlin on Tuesday, he stated that he is disappointed by the ongoing debate surrounding a reform of the Freedom of Information Act (IFG). While he accepts that precise adjustments and clarifications are necessary, particularly concerning “military and security interests”-which already exist as exceptions under the current act-he finds the current proposals concerning.
Hennemann maintains that some of the recent suggestions risk undermining the fundamental right to freedom of information. He does not accept the generality of these proposals. Instead, he expressed a preference for strengthening Open Data requirements concerning data usage, perhaps as part of a broader transparency act.
These reforms stem from a decision by the Union and SPD coalition in July to restructure the IFG. Following this decision, significant criticism was raised by various groups, including journalists’ associations and the Federal Commissioner for Freedom of Information. The core criticisms centered on the proposed changes, which would restrict IFG applications to private individuals only, and require those individuals to demonstrate a “legitimate interest”-a standard that differs from the previous practice.
