The Freedom of Information Act as an enforceable citizen right for transparent government.
With the entry into force of the Freedom of Information Act (BGBl. I No. 5/2024), official secrecy has been constitutionally abolished in Austria. Citizens, journalists, and civil society organizations now hold an enforceable right to inspect governmental decisions and administrative records.
The statute imposes binding obligations on federal, state, and municipal authorities as well as state-owned enterprises:
| Principle | Statutory Norm | Public Impact |
|---|---|---|
| Universal Right for All | § 1 & § 7 IFG | Every person may request access without demonstrating a legal interest. |
| Strict 4-Week Deadline | § 8(1) IFG | Information must be granted promptly, at the latest within four weeks. |
| Complete Exemption from Fees | § 12 IFG | Constitutionally guaranteed freedom from administrative taxes and procedural fees. |
| Proactive Publication | § 2(2) & § 4 IFG | Major contracts exceeding €100,000, studies, and expert opinions must be published online. |
| Judicial Enforcement | § 11 IFG | Legal entitlement to a formal decree upon refusal; binding decisions by Administrative Courts. |
Secrecy (§ 6 IFG) represents a strictly interpreted statutory exception subject to constitutional proportionality. Authorities are legally required to weigh secrecy interests against the public interest in disclosure (Article 10 ECHR). Blanket refusals lacking concrete balancing are unlawful.
Administrative procedures do not exist as ends in themselves or as fortresses of obstruction against the public. They serve a definite constitutional purpose: where the statutory intent is to empower citizens with transparency and civil rights, that empowerment must be the sole objective of public bodies – never the vehement prevention, stonewalling, or delay.
We demand good-faith administration founded on integrity and candor. State action must no longer operate from an archaic, aloof posture of superiority, but must function on a balanced, cooperative level of equal standing. Public authorities are bound by the rule of law and the common good – not by the preservation of institutional self-protection against the citizen as the true sovereign.