Austria
Name of law: Duty to Grant Information Act
First adopted: 1987
Last modified: 2024-02
RTI Rating last updated: 2024-09
First adopted: 1987
Last modified: 2024-02
RTI Rating last updated: 2024-09
Introduction
In 2024, Austria adopted its Federal Act on Access to Information, which replaced its previous RTI legislation, first adopted in 1987, in addition to passing certain related constitutional amendments. The new law will only come into effect in September 2025. Although the 2024 legislation represents an improvement over the previous law, which was among the weakest RTI laws globally, it still falls short of international standards in various respects and is overall quite weak. The most major shortcomings of the law pertain to its absence of an independent oversight body, providing instead only for appeals to the courts. A further major weakness is the absence of systems for sanctioning public authorities and for promotional measures. In addition, certain key details of the law, such as its harm test and public interest override, were left unaddressed in the main law and instead mentioned only in explanatory notes to the legislation, which is far from ideal. The law's explanatory notes, which are also referenced in this rating, can be accessed at https://www.parlament.gv.at/dokument/XXVII/I/2238/fnameorig_1587266.html.Local Experts: Markus (Fin) Hametner & Mathias Huter, Forum Informationsfreiheit
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 2 | 6 |
| 2 | Scope | 21 | 30 |
| 3 | Requesting Procedures | 17 | 30 |
| 4 | Exceptions & Refusal | 14 | 30 |
| 5 | Appeals | 8 | 30 |
| 6 | Sanctions & Protections | 1 | 8 |
| 7 | Promotional Measures | 1 | 16 |
| ∑ = 64 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | Federal Constitutional Act - B-VG, 22a. (2) Everyone has the right of access to information vis-à-vis the bodies entrusted with the conduct of federal or provincial administration business. This shall not apply insofar as its secrecy is necessary for compelling reasons of integration or foreign policy, in the interests of national security, comprehensive national defense or the maintenance of public order and security, for the preparation of a decision, for the prevention of significant economic or financial damage to a territorial authority or other self-governing body or for the protection of overriding legitimate interests of another and unless otherwise provided by law... | |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | NO | 0 | Explanatory Note, General Part...A paradigm shift is to be initiated by finally abolishing official secrecy, making government transparency the rule and secrecy the exception. Government action should be made as transparent as possible for everyone, individual access to government information should be facilitated and access to government-related business information should be opened up. | Only found in an explanatory note. |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | NO | 0 | Not mentioned. | N/A |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | YES | 2 | Federal Constitutional Act - B-VG, 22a. (2) Everyone has the right of access to information vis-à-vis the bodies entrusted with the conduct of federal or provincial administration business….Explanatory Note, Re no. 3 (Art. 22a)...Re para. 2...The holder of this constitutionally guaranteed right should be anyone, i.e. any natural or legal person, insofar as they can be the holder of this right. | This is not found in the Freedom of Information Act, but rather in an explanatory note interpreting the constitutional guarantee. The explanatory provision "insofar as they can be the holder of this right" is unclear, but some benefit of the doubt is given. It would be preferable if the law itself explicitly provided that the right extends to non-citizens and residents. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 2 | 2(1) Information within the meaning of this Federal Act is any record serving official or business purposes in the sphere of activity of an organ, in the sphere of activity of a foundation, a fund or an institution or in the business area of an enterprise, irrespective of the form in which it exists and is available. 16. Insofar as other federal or provincial laws contain special regulations on access to information or special public electronic registers have been established, this Federal Act shall not apply. | Restricted to records serving "official or business purposes", and there is a carve out for information covered under other laws providing for access to information. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | Partially | 1 | 2(1) Information within the meaning of this Federal Act is any record serving official or business purposes in the sphere of activity of an organ, in the sphere of activity of a foundation, a fund or an institution or in the business area of an enterprise, irrespective of the form in which it exists and is available. Explanatory note, Re § 2, The term "information" is to be defined (para. 1). Information should be any official or business-related (i.e. any) record (document, act) of a body subject to the duty to provide information in its sphere of activity or business. "Official" does not mean "official"; private business purposes (if not "business" anyway) should also be included. The form in which the information is available, in other words the carrier medium, whether recording or storage, is irrelevant. Personal records do not constitute "official" or "business" information any more than preliminary drafts for the sole purpose of personal (non-official, non-business) use. | Appears to only cover records due to the definition of "information" but this still needs to be tested. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.1. the bodies of the federal government, the federal states, the municipalities and associations of municipalities, 1.2. of the organs of the legally established self-governing bodies, 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business, 1.4. the bodies of the foundations, funds and institutions subject to the control of the Court of Audit or a State Court of Audit, as well as 1.5. of the enterprises subject to the control of the Court of Audit or a state audit office, provided that in the case of participation by the federal government, the state or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit in the enterprise, there is a participation of at least 50% of the registered capital, basic capital or equity capital or the federal government, the state or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or it is an enterprise at any further level for which the requirements under this paragraph are met. Federal Constitutional Law, 126 b(2). The Court of Auditors also examines the financial management of companies in which the Federal Government alone or jointly with other legal entities subject to the Court of Auditors' jurisdiction holds a stake of at least 50% of the registered capital, share capital or equity capital, or which the Federal Government operates alone or jointly with other such legal entities. The Court of Auditors also examines those companies which the Federal Government alone or jointly with other legal entities subject to the Court of Auditors' jurisdiction actually controls through financial or other economic or organizational measures. The Court of Auditors' jurisdiction also extends to companies at any further level where the requirements of this paragraph are met. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10000138&FassungVom=2022-03-21 | |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | Partially | 1 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.1. the bodies of the federal government, the federal states, the municipalities and associations of municipalities. Reason, Re § 1...The term "federal, provincial and municipal bodies" refers to all bodies of the territorial authorities covered by Art. 22a; not only the entire organizational and functional administration, but also the judiciary should be included (legislative bodies should be subject to special publication regulations, see Art. 1 No. 4, 7 and 14). Federal Constitutional Act - B-VG, 22a. (1) The bodies entrusted with the conduct of business of the federal administration or the provincial administration, the bodies of ordinary jurisdiction, the administrative courts, the Administrative Court and the Constitutional Court shall publish information of general interest in a manner accessible to all, unless and for as long as such information is to be kept secret pursuant to subsection. Explanatory Note, Re no. 2 (Art. 22a): Re para. 1 and 2:...The terms “federal administration” and “state administration” are to be understood in a functional sense; This also includes, for example, the matters of judicial administration that are not to be handled by senates or commissions in accordance with the law (monocratic judicial administration) and those of parliamentary administration (cf. VfSlg. 20.446/2021). | Parliamentary administration is covered, however core functions of legislature (like records of parliamentary committees) are (likely) not. |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | Partially | 2 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.1. the bodies of the federal government, the federal states, the municipalities and associations of municipalities. Reason, Re § 1...The term "federal, provincial and municipal bodies" refers to all bodies of the territorial authorities covered by Art. 22a; not only the entire organizational and functional administration, but also the judiciary should be included (legislative bodies should be subject to special publication regulations, see Art. 1 No. 4, 7 and 14). Federal Constitutional Act - B-VG, 22a. (1) The bodies entrusted with the conduct of business of the federal administration or the provincial administration, the bodies of ordinary jurisdiction, the administrative courts, the Administrative Court and the Constitutional Court shall publish information of general interest in a manner accessible to all, unless and for as long as such information is to be kept secret pursuant to subsection. Explanatory Note, Re no. 2 (Art. 22a): Re para. 1 and 2:......The terms “federal administration” and “state administration” are to be understood in a functional sense; This also includes, for example, the matters of judicial administration that are not to be handled by senates or commissions in accordance with the law (monocratic judicial administration) and those of parliamentary administration (cf. VfSlg. 20.446/2021). | Experts agree that this is limited to matters of judicial administration only. |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business, 1.4. the bodies of foundations, funds and institutions subject to the control of the Court of Audit or a provincial court of audit, and 1.5. of enterprises subject to the control of the Court of Audit or a provincial court of audit, provided that in the case of participation of the federal government, the province or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit, a participation of at least 50% of the share capital, capital stock or equity capital exists in the enterprise or the federal government, the province or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or is an enterprise of any further level, the federal state or the municipality alone or together with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or it is an enterprise of any further level for which the requirements pursuant to this item are met. Federal Constitutional Act - B-VG 22a(3) Everyone shall have the right of access to information concerning other foundations, funds, institutions and undertakings subject to the control of the Court of Audit or a provincial court of audit, provided that 1. in the case of participation of the federal government, the federal state or the municipality, alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit, there is a participation of at least 50% of the share capital, capital stock or equity capital in the enterprise, or 2. the federal government, the state or the municipality alone or jointly with other legal entities subject to the jurisdiction of the Court of Audit actually controls the enterprise through financial or other economic or organizational measures or 3. it is a company of any further level for which the requirements pursuant to no. 1 or no. 2 are met. This does not apply if the confidentiality of the information is necessary in analogous application of para. 2 or to prevent impairment of the competitiveness of the foundation, the fund, the institution or the company or, if comparable access to information is guaranteed, if otherwise stipulated by law. | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area 1.1. the bodies of the federal government, the federal states, the municipalities and associations of municipalities, 1.2. of the organs of the legally established self-governing bodies, 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business. Explanatory Note, Re no. 2 (Art. 22a):...Re para. 1...The bodies and auxiliary bodies of the federal legislature (National Council, Federal Council, Court of Audit, Ombudsman Board), the bodies of the administration or the bodies entrusted with the management of federal and provincial administration business, the bodies of ordinary jurisdiction (including public prosecutors, cf. Art. 90a B-VG), the bodies of administrative jurisdiction (administrative courts and the Administrative Court) and the Constitutional Court are to be obliged to provide information of their own accord...Re para. 2: Access to information on request should be granted by the administrative bodies or the bodies entrusted with the conduct of federal or provincial administration business. The non-territorial self-governing bodies, in particular the statutory professional representative bodies, should only be obliged to grant access to their information to their members, insofar as requests for information relate to matters that they deal with in their own sphere of activity, as is already the case under the current legal situation | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | Partially | 1 | 1. this Federal Act regulates the publication of information of general interest and access to information in the area of activity or business area. 1.3. the bodies of other legal and natural persons, insofar as they are entrusted with the management of federal or state administration business. 1.4. the bodies of foundations, funds and institutions subject to the control of the Court of Audit or a provincial court of audit. | Bodies performing state or federal administration are covered but this has been interpreted relatively broadly so one point allocated. Those receiving public funding are not covered. |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 7 (1) Access to information may be requested in writing, orally or by telephone, in any technically possible and intended form. (2) The information must be described as precisely as possible. The applicant may be ordered to provide a written version of a request made orally or by telephone if the content or scope of the information requested is not sufficiently clear from the request. | Reasons are not listed among the information to be included in requests. The list is incomplete since it does not mention a means for delivering information, but benefit of the doubt given. It would be better, however, if reasons were explicitly not required. |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | Partially | 1 | 7 (1) Access to information may be requested in writing, orally or by telephone, in any technically possible and intended form. (2) The information must be described as precisely as possible. The applicant may be ordered to provide a written version of a request made orally or by telephone if the content or scope of the information requested is not sufficiently clear from the request... (4) The procedure concerning an application for information is an official procedure pursuant to Article I para. 2 no. 1 of the Introductory Act to the Administrative Procedure Acts 2008 - EGVG, Federal Law Gazette I No. 87/2008. | 7(2) mentions just the need to describe the information being requested, so this is not really a proper list of information to provide in a request, as an address for delivery is not mentioned, so one point deducted. |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 7 (1) Access to information may be requested in writing, orally or by telephone, in any technically possible and intended form. (2) The information must be described as precisely as possible. The applicant may be ordered to provide a written version of a request made orally or by telephone if the content or scope of the information requested is not sufficiently clear from the request... (4) The procedure concerning an application for information is an official procedure pursuant to Article I para. 2 no. 1 of the Introductory Act to the Administrative Procedure Acts 2008 - EGVG, Federal Law Gazette I No. 87/2008. 13(4) The application for information shall be submitted in writing and designated as an application pursuant to this Federal Act. The application shall specify the information requested. The identity of the applicant shall be substantiated in a suitable form. | Under 13(4), applications for information from private parties should be "designated" as being made under the Act. It's not clear if this means that the applicant has to specify this or if the entity receiving the request is responsible for this. Benefit of the doubt given. |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | NO | 0 | 7 (2) The information must be described as precisely as possible. The applicant may be ordered to provide a written version of a request made orally or by telephone if the content or scope of the information requested is not sufficiently clear from the request. Explanatory Note, Re § 7...Defects in written submissions do not lead to rejection, but at most to a request for improvement | There is no general requirement to assist, and applicants can be ordered to provide a written request where an oral request is unclear. The explanatory note indicates, however, that where a written submission is deficient, there should be a "request for improvement" instead of a rejection, which is positive but not enough to warrant a point. |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | Partially | 1 | 7 (1) Access to information may be requested in writing, orally or by telephone, in any technically possible and intended form. (2) The information must be described as precisely as possible. The applicant may be ordered to provide a written version of a request made orally or by telephone if the content or scope of the information requested is not sufficiently clear from the request. Federal Act on Equality for People with Disabilities (Federal Disability Equality Act – BGStG), 8(2) The federal government undertakes to take the appropriate and specifically necessary measures to enable people with disabilities access to its services and offers. In particular, by December 31, 2006, after consulting the Austrian Working Group for Rehabilitation, he must draw up a plan for the removal of structural barriers for the buildings he uses and provide for the phased implementation (stage plan for federal buildings) | Some general obligations for the Federal government to enable access to services provided for under the Federal Disability Equality Act but no broader application and no special provisions for persons with illiteracy. The Freedom of Information Act allows for oral requests, which is positive, but where oral requests are unclear, the public authority can simply order them to make the request in writing, which is not very accommodating. |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | NO | 0 | Not mentioned. | N/A |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 3(2) The body responsible for providing access to information shall be the body to whose sphere of activity or business the information belongs. 7(3) If an institution receives an application which it is not competent to deal with, it shall forward the application to the competent body without undue delay or refer the applicant to that body. | It seems that information can be transferred where it "belongs" to another institution's activities, rather than where the original public authority does not not have it, which is too broad but one point still allocated. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | Partially | 1 | 9 (1) If possible, the information shall be made available in the form requested, otherwise in the most direct form possible; in any case, information shall be provided in the subject matter. Reference to information that has already been published or is more easily accessible by other means is permissible. Explanatory Note, Re § 9: The information shall be provided in the form requested or otherwise feasible, if possible by granting direct access to the information. However, the requested information may also be provided verbally, for example, if the request for information is thereby complied with. Information already published in accordance with § 4 need not be provided again upon request. Reference may be made to information already published. As an exception, it may be appropriate to grant individual access to information in exceptional cases where the Internet cannot be used (e.g. due to advanced age or disability), despite publication. | This does not clarify the conditions for when requests for specific formats may be refused. |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 8 (1) Access to the information shall be granted without undue delay, but at the latest… | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | Partially | 1 | 8 (1) Access to the information shall be granted without undue delay, but at the latest within four weeks of receipt of the application by the competent body. If the information is subject to confidentiality (§ 6), the applicant shall be notified within the same period that access has not been granted. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | Partially | 1 | 8(2) If access to the information cannot be granted within the period pursuant to para. 1 for special reasons and in the case of § 10, the period may be extended by a further four weeks. The applicant shall be notified of this within the period specified in para. 1, stating the reasons. | The reference to "special reasons" is vague and the law does not set out clear grounds for extensions. |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 12 (1) Applications (requests for information), requests for the provision of information and other applications in the procedure for the provision of information, information and notices pursuant to this Federal Act shall be exempt from federal administrative charges and fees pursuant to the Fees Act 1957, Federal Law Gazette No. 267/1957. | |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 12 (2) (Constitutional provision) Applications (requests for information), requests for the provision of information and other applications in the procedure for the provision of information, information and notices under this Federal Act shall be exempt from the administrative charges of the provinces and municipalities. Explanatory Note, Re § 12...The applicable provisions regarding cash expenses should remain unaffected by this: Pursuant to Section 76 AVG, cash expenses incurred by "the authority in the course of an official act" shall be borne by "the party that made the application initiating the proceedings". This concerns material costs that exceed the general administrative expenses and are incurred in the specific case, such as costs for copies on electronic data carriers, costs for the production of copies or printouts that exceed a minor amount due to their number or format (see also Section 17 (1) AVG, according to which parties can "make copies themselves or have copies or printouts made at their own expense"), and packaging costs. As part of the duty to provide information (Section 13a AVG), the body obliged to provide information must point out any potential expenses incurred in providing the information, in particular in cases where cash expenses are expected to be significant (e.g. extensive copies), as well as any more favorable ways for the applicant to obtain the information (e.g. by inspecting or photographing, which generally does not incur any cash expenses). | The explanatory note is somewhat broad and lacks specificity in terms of the kinds of fees which may be levied and how they are set. It is not entirely clear that charging for staff time is ruled out. Requests are free. The official documents affirming that information is not (fully) provided (which are needed to take a case to court) cost EUR 6.5 |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | Not mentioned. | N/A |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | YES | 2 | Federal law on the reuse of information from public bodies, public companies and research data (Information Reuse Act 2022 - IWG 2022), https://ris.bka.gv.at/geltendefassung.wxe?abfrage=bundesnormen&gesetzesnummer=20011973&ShowPrintPreview=True. | Reuse is governed by the Federal law on the reuse of information from public bodies, public companies and research data. However, there are some exceptions to its scope of application. For example, "Research data held by states, municipalities, municipal associations and institutions based on state law" (3(1).1) and "Documents in the possession of the Austrian Broadcasting Corporation (ORF) or its subsidiaries that serve to carry out the public service mandate" (3(1).8)) do not fall under the law's scope. 2 points awarded, though, on the basis that these are not unreasonable exclusions. |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 1 | Not mentioned but covered in part by Article 22(a)(2) of the Constitution | One point allocated on the basis of the constitutional guarantee but it is not clear how this will play out as constitutional rights could also be posited in favour of secrecy. |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 6 (1) Information shall not be intended for publication and shall not be made accessible upon request if and as long as this is 1. for compelling reasons of integration or foreign policy, in particular in accordance with directly applicable provisions of European Union law or to comply with obligations under international law, 2. in the interests of national security, 3. in the interest of comprehensive national defense, 4. in the interests of maintaining public order and safety, 5. in the interest of unimpaired preparation of a decision, in the sense of unimpaired lawful decision-making and its immediate preparation, in particular a) of acts of the Federal President, the Federal Government, the Federal Ministers, the State Secretaries, the Provincial Government, individual members thereof and the Provincial Governor, the district administrative authorities, the organs of the municipality and the organs of other self-governing bodies, b) in the interests of official or judicial proceedings, an audit or other action by the body and to protect the legal confidentiality of negotiations, deliberations and votes, 6. to prevent significant economic or financial damage to the institutions, regional authorities or other self-governing bodies or 7. in the overriding legitimate interest of another party, in particular a) to safeguard the right to protection of personal data, b) to protect professional, business or trade secrets, c) to maintain banking secrecy (§ 38 of the Banking Act, Federal Law Gazette No. 532/1993), d) to maintain editorial secrecy (§ 31 of the Media Act, Federal Law Gazette No. 314/1981) or e) to protect the intellectual property rights of the persons concerned, is necessary and proportionate and not otherwise provided for by law. For this purpose, all relevant interests, on the one hand in the provision of the information, including in particular the exercise of freedom of expression, and on the other hand in the confidentiality of the information, must be weighed against each other. 9(3) Access to information shall not be granted if the request for information is manifestly abusive or if or insofar as the provision of the information would significantly and disproportionately impair the other activities of the institution. Federal Constitutional Act - B-VG, 22a (2) Everyone has the right of access to information vis-à-vis the bodies entrusted with the conduct of federal or provincial administration business. This shall not apply insofar as its secrecy is necessary for compelling reasons of integration or foreign policy, in the interests of national security, comprehensive national defense or the maintenance of public order and security, for the preparation of a decision, for the prevention of significant economic or financial damage to a territorial authority or other self-governing body or for the protection of overriding legitimate interests of another and unless otherwise provided by law. 22(a)(3) Everyone shall have the right of access to information concerning other foundations, funds, institutions and undertakings subject to the control of the Court of Audit or a provincial court of audit...This does not apply if the confidentiality of the information is necessary in analogous application of para. 2 or to prevent impairment of the competitiveness of the foundation, the fund, the institution or the company or, if comparable access to information is guaranteed, if otherwise stipulated by law. 52(3a) The obligation to provide information pursuant to subsections 1 to 3 shall not apply if 1. they concern sources whose disclosure would endanger national security or the safety of people, 2. the lawful decision-making of the Federal Government or of individual members thereof or their direct preparation is impaired, 3. their confidentiality is necessary to protect the overriding legitimate interests of another party or 4. they concern measures pursuant to Art. 52a para. 1. Explanatory Note, Re § 9...A barrier to abuse is also provided for (cf. the VwGH's established case law on manifest wantonness, characterized by recourse to the authority "in the awareness of groundlessness and hopelessness, uselessness and pointlessness" or "for the pleasure of obstructing" without a concrete interest in information, e.g. VwGH 29.5.2018, Ra 2017/03/0083, with reference to VwGH 13. 9.2016, Ra 2015/03/0038) and the limit of disproportionate administrative effort (para. 3; on disproportionate effort see e.g. VwGH 29.5.2001, 98/03/0007 and fundamentally ECtHR 28.11.2013, Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirtschaftlichen Grundbesitzes, BeschwerdeNr. 39534/07). The mere fact that more and more requests are made in connection with journalistic research for the purpose of facilitating a public debate, for example, does not in any case indicate an abuse of the right to information. Similarly, scarce or insufficient resources on the part of the party obliged to provide information do not justify a disproportionate effort in every case and without further ado. Explanatory Note, Re § 6…The "preparation of a decision" exception (no. 5) is intended to protect ongoing official and judicial proceedings (e.g. criminal or other investigative, administrative, judicial and disciplinary proceedings). However, it also concerns general, non-sovereign and not necessarily form-bound actions to be protected, such as ongoing audits, control or supervisory activities, e.g. of the Court of Audit or the Ombudsman Board or preparatory activities of legal professional representations. On the one hand, protection is necessary if the purpose or success of the official action would otherwise be thwarted (e.g. in the case of investigative proceedings, unannounced official inspections or audits in the education sector). On the other hand, the internal decision-making process of the body may need to be protected if independent and undisturbed consultation and decision-making (e.g. voting) would otherwise be impaired. The protection of the confidentiality of deliberations or decision-making processes (voting or deliberation secrecy) can be subsumed under this exception (for the public interest in protecting the independent decision-making of collegial bodies, see VfSlg. 17.863/2006). Records that provide information about the direct decision-making of such bodies (such as minutes of deliberations or meetings, draft resolutions, personal notes in this context) should therefore not be disclosed. It may still be necessary to keep this information secret even after the decision has been taken, if otherwise the protection would be circumvented or future decision-making would be impaired | In the "interest of unimpaired preparation of a decision, in the sense of unimpaired lawful decision-making and its immediate preparation" (5) is overbroad and as it applies to multiple kinds of decisions, two points deducted. An additional point deducted for the overbroad provision in 9(3) for abusive requests and requests which would "significantly and disproportionately impair the other activities of the institution", although an explanatory note limits the scope of this a bit. In addition, 7(c) (professional secrets) is overbroad as it covers more than privacy and legal privilege. |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 2 | Explanatory Note: Re § 6...The body obliged to provide information must assess, weigh up and justify in the specific case whether, to what extent and why confidentiality is required or necessary (see the explanations on Article 1 no. 2 [Art. 22a para. 2 B-VG]). The proportionality test (of secrecy) plays an essential role here, as is regularly the case with reservations of fundamental rights. The proportionality test already results from the term "necessary" in the reservation of fundamental rights (cf. Art. 22a para. 2 B-VG proposed in Article 1) and should be repeated in the text of the simple law for clarification purposes. The procedure for the necessary balancing of interests results in principle from the requirement of the constitutional handling of the right of access to information in accordance with the provisions of Art. 10 of the Human Rights Convention and the relevant case law of the ECtHR, the Administrative Court (cf. VwGH 24.5.2018, Ro 2017/07/0026, and VwGH 29.5.2018, Ra 2017/03/0083, and the ECtHR judgments cited therein) and the Constitutional Court (see VfSlg. 20.446/2021 on the right to information on the basis of Art. 10 MRK and its balancing criteria). Which interests are to be weighed up depends on the protected interests affected in the individual case; these should potentially all be included in the weighing-up decision. A balancing of interests in conformity with fundamental rights must be based on the so-called "harm test", i.e. an examination of the actual damage to a legitimate protected interest threatened by the disclosure or publication of information. | A harm test is mentioned in the reasons for the law, but points deducted because it is not set out in the actual legal provisions. |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 2 | Explanatory Note: Re § 6...The body obliged to provide information must assess, weigh up and justify in the specific case whether, to what extent and why confidentiality is required or necessary (see the explanations on Article 1 no. 2 [Art. 22a para. 2 B-VG]). The proportionality test (of secrecy) plays an essential role here, as is regularly the case with reservations of fundamental rights. The proportionality test already results from the term "necessary" in the reservation of fundamental rights (cf. Art. 22a para. 2 B-VG proposed in Article 1) and should be repeated in the text of the simple law for clarification purposes. The procedure for the necessary balancing of interests results in principle from the requirement of the constitutional handling of the right of access to information in accordance with the provisions of Art. 10 of the Human Rights Convention and the relevant case law of the ECtHR, the Administrative Court (cf. VwGH 24.5.2018, Ro 2017/07/0026, and VwGH 29.5.2018, Ra 2017/03/0083, and the ECtHR judgments cited therein) and the Constitutional Court (see VfSlg. 20.446/2021 on the right to information on the basis of Art. 10 MRK and its balancing criteria). Which interests are to be weighed up depends on the protected interests affected in the individual case; these should potentially all be included in the weighing-up decision. A balancing of interests in conformity with fundamental rights must be based on the so-called "harm test", i.e. an examination of the actual damage to a legitimate protected interest threatened by the disclosure or publication of information. In addition, a "public interest test" should be used to examine whether an overriding public interest can be assumed that ultimately speaks in favor of making the information accessible, even though a justified purpose of secrecy could be impaired as a result (for example, in the case of information relating to crimes against humanity, violations of fundamental basic and human rights or corruption). "Social watchdogs" in the sense of the case law of the ECtHR (journalists who need information to enable a public debate or non-governmental organizations acting in the public interest; see VfSlg. 20.446/2021; even affirming a legal interest of these OGH 5.12.2022, 5 Ob 178/22w) play a special role in the balancing process. The balancing decision must be adequately justified. | A public interest override is mentioned in the reasons for the law, but points deducted because it is not set out in the actual legal provisions. |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | NO | 0 | 6 (1) Information shall not be intended for publication and shall not be made accessible upon request if and as long as this is… | No sunset clause. The reference to "as long as this is" in 6(1) suggests that information is to be released once an exception is no longer applicable, but this is not a sunset clause and in any case not clear enough to warrant a point. |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | YES | 2 | 10 (1) If the provision of information interferes with the rights of another person (§ 6 para. 1 subpara. 7), the competent body shall, if possible, hear that person before providing the information. If the person concerned has objected to the provision of the information or has not been heard and the information is nevertheless provided, he or she shall be notified in writing if possible. (2) If it is clear from the application (§ 7) that it not only concerns the private interests of the applicant, but also asserts a right to access to information in accordance with Art. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Federal Law Gazette No. 210/1958, or Art. 11 of the Charter of Fundamental Rights of the European Union, OJ No. C 83 of 30.03.2010 p. 389, the hearing or notification of the person concerned shall be omitted insofar as this is required on the basis of these provisions. Explanatory Note, Re § 10..."[N]o possibility" means that the body obliged to provide information should be obliged to consult to the extent that there are no factual obstacles to such consultation. Impossibility may also result from time constraints, because the deadlines provided for in this federal law must be observed. The obligation to be heard should depend in particular on whether the authority can establish contact with the person concerned within this timeframe and otherwise in a proportionate manner. Time-consuming research into who might be affected should not be required. Similarly, the hearing of a very large number of data subjects within the time limit provided may prove to be unmanageable and therefore "impossible". The person affected by the provision of information must be informed about the provision of the information (cf. the model provision of Section 7 para. 2 UIG). If they consider their fundamental right to data protection to have been violated as a result, they are free to lodge a complaint with the data protection authority (in accordance with Section 24 DSG in conjunction with Art. 77 GDPR). If, as part of the complaint, the complainant substantiates a significant impairment of their confidentiality interests worthy of protection through the processing of their personal data, the data protection authority can prohibit, partially prohibit or restrict the continuation of data processing with a mandate decision (see Section 57 para. 1 AVG) (Section 25 para. 1 in conjunction with Section 22 para. 4 DSG). The competence of the data protection authority to decide on a violation of the fundamental right to data protection should remain unaffected by the proposed hearing. | There is a process of consultation and the views of third parties only need to be taken into account. The timeline is a bit extended (4 + 4 weeks) but that is addressed under timelines. |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | Partially | 1 | 6(2) If the requirements of para. 1 only apply to part of the information, only this part shall be subject to confidentiality. 9(2) If the right to information exists only in part with regard to the information requested (Section 6 (2)), the information shall be provided to this extent, provided this is possible and does not involve disproportionate effort. | The reference to "disproportionate effort" is a bit vague and may be open to abuse in situations involving large numbers of documents. |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | NO | 0 | 11 (1) If access to the information is not granted, the body obliged to provide information shall issue a decision on this within two months of receipt of the request upon written application by the person requesting the information. | Not mentioned. |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | NO | 0 | Not mentioned | N/A |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | 11(2) If an appeal is lodged against such a decision, as well as in the case of a default complaint, the administrative court must make a decision within two months. The deadline for issuing a preliminary decision on an appeal (Section 14 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I No. 33/2013) is three weeks. § Section 16 para. 1 VwGVG does not apply; the authority must submit the appeal to the administrative court without delay, including the files of the administrative proceedings. (3) In the event of unlawful failure to grant access to information, the administrative court shall rule that access must be granted and to what extent. | |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | Partially | 1 | Not mentioned. | There is a fee of EUR 30 to file an appeal with the federal administrative court, no legal assistance is required: https://www.bvwg.gv.at/verfahren_allgemein/gebuehren_start.html |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | Partially | 3 | 11 (1) If access to the information is not granted, the body obliged to provide information shall issue a decision on this within two months of receipt of the request upon written application by the person requesting the information. (2) If an appeal is lodged against such a decision, as well as in the case of a default complaint, the administrative court must make a decision within two months...Explanatory Note, Re § 11...The decision can be challenged by means of an appeal against the decision to the competent administrative courts and, in the event of an alleged violation of the fundamental right to access to information, ultimately to the Constitutional Court. This means that the (even partial) failure to provide the requested information and, under certain circumstances, the (allegedly unlawful) manner in which information is provided can be challenged. | The explicit grounds for appeals in the law are for decisions and "default complaints", which are presumably mute refusals. The commentary indicates that providing partial information and providing information in an unlawful manner are also covered. However, it would be better if this were explicitly provided for in the law itself. |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 11 (2) If an appeal is lodged against such a decision, as well as in the case of a default complaint, the administrative court must make a decision within two months. The deadline for issuing a preliminary decision on an appeal (Section 14 of the Administrative Court Procedure Act - VwGVG, Federal Law Gazette I No. 33/2013) is three weeks. § Section 16 para. 1 VwGVG does not apply; the authority must submit the appeal to the administrative court without delay, including the files of the administrative proceedings. Explanatory Note, Re § 11... The administrative court should have two months to reach a decision (para. 2). Accordingly, it is also necessary to shorten the deadline for issuing a preliminary appeal decision pursuant to Section 14 VwGVG accordingly. In the event of default, the possibility of a subsequent decision (Section 16 VwGVG) should be excluded due to a lack of prospect of success and in order to streamline the procedure. Otherwise, the proceedings of the administrative court should be governed by the general provisions of the VwGVG. The administrative court should adjudicate on freedom of information matters by a single judge (see Section 2 VwGVG), even if the substantive law on which the information is to be provided provides for senate jurisdiction; the matter is nevertheless a freedom of information matter, the relevant federal law (substantive law) is the Freedom of Information Act. The Administrative Court must decide on the matter itself in accordance with Section 28 VwGVG (para. 3). | |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | NO | 0 | Not mentioned. | N/A |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | 11 (3) In the event of unlawful failure to grant access to information, the administrative court shall rule that access must be granted and to what extent. | The potential remedies explicitly listed are limited to granting access. |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | NO | 0 | Not mentioned | N/A |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | Not mentioned | N/A |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | NO | 0 | Not mentioned | N/A |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | Partially | 1 | Whistleblower Protection Act (HSchG) of 2023. | This act has limited scope, covering primarily violations of EU law and offences but providing no protection when whistleblowers report information on other forms of wrongdoing (§ 3. (3) HSchG). |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | NO | 0 | Explanatory Note, Re § 3, The body that is to be responsible for the provision of information is to be determined. Who should act for or within the responsible body is determined by the respective organizational law. | Responsibility determined by other legislation. |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | NO | 0 | 15 (1) (constitutional provision) The data protection authority shall advise and support the bodies and institutions subject to information obligations by providing guidelines and offers for further training in data protection issues relating to the enforcement of freedom of information. (2) The data protection authority shall evaluate the application of this Act on an ongoing basis. It shall inform the public about its activities under this Act. | This is a fairly vague provision and focuses mainly on data protection issues and does not involve awareness raising around RTI. |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | N/A |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | Partially | 1 | 5 (1) Information of general interest shall be made accessible by the bodies entrusted with the conduct of federal or provincial administration business via the Information Register as a metadata register at the address www.data.gv.at. The information shall be made available by the Information Register free of charge and, in principle, accessible at any time … (3) The Federal Minister of Finance shall publish a form with the required and optional metadata on the Internet at www.data.gv.at for use by the bodies required to provide information. The following metadata shall be provided in the form for each piece of information: Identifier, creation date, title, description, category, keywords, link, data controller and publishing body, license and language. The following metadata can be provided: additional links, title and description in English or in the language of an ethnic group, contact of the data controller, publication date, end of validity and terms of use. Further optional metadata can be provided in the form. | Some requirements for categorising data subject to proactive disclosure. Rules on minimum standards on the management of public records are in place through other laws, including the Federal Archives Act – even though those are weak and not up to date. |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | N/A |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned | N/A |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | N/A |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | NO | 0 | Not mentioned. | N/A |
