In Europe's last democracy, official secrecy is being abolished and replaced by modern freedom of information legislation. In future, transparency will also mean access to previously confidential information held by companies. Here is an overview of the five most important changes in Austria:
1) Disclosure of documents upon request
As of today, anyone can request direct access to records (contracts, notices, other documents, etc.) held by government agencies and state-owned companies, provided that these are subject to audit by the Court of Auditors, are at least 50% publicly owned or are controlled by the state.
2) Proactive publication obligation
Administrative authorities and courts must publish information of general interest on the internet on their own initiative, in particular contracts worth 100,000 euros or more. Only small municipalities are exempt. Once the information register has been set up, it will be possible to search specifically for published documents.
3) Private companies indirectly affected
Private companies are not directly subject to the IFG, but they may be indirectly affected. This is because they must expect that government agencies and state-affiliated companies will have to disclose records relating to them, e.g. contracts with private companies, permits and the like.
4) Secrecy made more difficult – fundamental right to information
Access to information is not unlimited: the IFG provides for grounds for secrecy, but these are not absolute. In each individual case, disclosure and confidentiality interests must be weighed against each other. Those affected must be consulted on their confidentiality rights. Because the body responsible for providing information takes a legal risk when disclosing potentially confidential contracts and other documents, it is important that the companies concerned explain in detail the reasons for confidentiality in their opinion.
5) No costs and short deadlines
The IFG significantly shortens the deadlines for providing information: a decision on a request must be made within four to eight weeks at most. As the applications are free of charge and access to the courts is low-threshold, a large number of proceedings can be expected.
