Definition and Legal Foundations of the Duty to Provide Information in Social Law Matters
Die Duty to Provide Information in Social Law Matters refers to the statutory obligation of certain persons, bodies, or institutions to disclose information or provide statements upon request, which are necessary for the execution of social law procedures, audits, or the granting of benefits. Under German social law, the duty to provide information forms a central basis for the proper determination of facts by social benefit providers and serves to ensure the correct fulfillment of their responsibilities.
Statutory Basis and Systematics
Social Code (SGB)
The essential regulations concerning the duty to provide information are found in the Social Code (SGB), particularly in the following volumes:
- SGB I (General Part): Sections 60-65a SGB I comprehensively regulate the cooperative obligations of those involved.
- SGB X (Social Administrative Procedure and Social Data Protection): Sections 21-25 SGB X specifically address the obligations of third parties to provide information and present documents.
In addition, specific duties to provide information exist in the particular statutes of the various branches of social insurance and in other special statutory provisions.
Groups Subject to the Duty to Provide Information
The duty to provide information in social law matters applies to various groups of persons and institutions:
- Entitled persons and applicants: In principle, all persons who apply for or receive social benefits are obliged to disclose all facts relevant to the provision of benefits (Section 60 SGB I).
- Third parties and others obliged to provide information: This includes in particular relatives, employers, authorities, insurance companies, banks, and other bodies, provided they can give information necessary for determining social benefit claims (Sections 21 ff. SGB X).
Content and Scope of the Duty to Provide Information
The obligations to provide information cover all information required for the implementation of the relevant social law provision or for the safeguarding of benefit entitlements. This includes, for example, the disclosure of income and financial circumstances, details about family relationships, employment data, medical histories, or other relevant circumstances.
Forms and Limits of the Duty to Provide Information
Cooperation Obligations of Beneficiaries
Beneficiaries are required to cooperate comprehensively within the scope of their duty to cooperate under SGB I. This particularly includes:
- Answering questions from the social benefit providers in a timely and complete manner.
- Submitting the necessary documents and evidence.
- Promptly reporting any changes relevant to the entitlement (e.g. taking up employment, change of living circumstances).
Obligations of Third Parties to Provide Information
In addition to beneficiaries, third parties may also be obliged to provide information. This includes:
- Employers: They must, in accordance with Section 98 SGB X or special statutory provisions, report, for example, periods of employment, pay statements, or other income data.
- Institutions and authorities: Other social benefit providers, tax authorities, or banks are obligated to provide information if they possess relevant information and if there are no conflicting provisions regarding social data secrecy.
- Family members: Persons in the immediate personal environment (e.g. spouses, persons liable for maintenance) can also be required to provide information in order to ascertain obligations to provide benefits.
Limits of the Duty to Provide Information
The duty to provide information is not unlimited; in particular, the following legal limitations must be observed:
- Social Data Protection: The collection, processing, and use of personal data is only permitted under the principles of SGB X and the General Data Protection Regulation (GDPR) if it is necessary for fulfilling statutory duties.
- Rights to Refuse Testimony: Certain groups of persons (e.g. close relatives) may refuse to provide information under Section 21 subsection 3 SGB X in specific circumstances.
- Unreasonableness: Information may be refused if it would entail considerable disadvantages for the person obliged to provide information that are disproportionate to the purpose of the information.
Consequences of Breaching the Duty to Provide Information
Legal Consequences for Beneficiaries
If beneficiaries breach their duties to provide information, the social benefit provider may
- deny or withdraw benefits either completely or partially (Section 66 SGB I).
- assert claims for reimbursement and recovery if benefits were wrongly obtained due to false or omitted statements.
- impose administrative fines or penalties, provided this is stipulated by special laws.
Legal Consequences for Third Parties
Compulsory measures are also provided for against third parties:
- Imposing penalty payments in accordance with Section 111 SGB X if the duty to provide information is not fulfilled.
- In cases of intentional or negligent violation, there are risks of liability and potentially criminal prosecution.
- In certain cases, the obligation to provide information can be enforced through the courts.
Legal Protection in Connection with the Duty to Provide Information
Those required to provide information have access to administrative legal remedies against measures or demands to provide information. This includes the right to file an objection and a lawsuit against administrative orders or penalty payments. Disadvantages resulting from a breach of the duty to provide information can, in individual cases, trigger administrative acts or secondary provisions that can be legally challenged.
Significance of the Duty to Provide Information in Social Benefits Law
The duty to provide information is a central instrument for ensuring fair and lawful social benefit procedures. It contributes significantly to fact-finding, protects public finances from unjustified claims for social benefits, and ensures the correct and efficient distribution of social benefits.
Summary
The duty to provide information in social law matters regulates the scope and the legal consequences with which persons, institutions, and third parties are required to provide information relevant for granting, reviewing, and safeguarding social benefits. It is subject to statutory limitations, in particular through data protection and the right to refuse testimony, and is associated with far-reaching consequences in the event of non-compliance. The comprehensive regulation of the duty to provide information secures the functionality of social law in Germany.
Frequently Asked Questions
Who is required to provide information in social law proceedings?
Both the affected applicants themselves and third parties are obliged to provide information in social law proceedings if this is necessary for establishing social law entitlements. Third parties include, for example, employers, banks or employers’ associations, as well as relatives or care facilities. The obligation to provide information derives in particular from Sections 60 and 65 SGB I as well as from the respective specialized legal regulations, for example in SGB II and SGB XII. The obligation is usually established by the requesting social authority and serves to clarify the facts and verify entitlements. The persons concerned are required in particular to provide information about their personal and financial circumstances, such as income, assets, and household composition; for third parties, the duty to provide information is limited to that which they know about or are entrusted with regarding the person.
What legal consequences may result from breaching the duty to provide information?
A breach of the duty to provide information can entail numerous legal consequences. If the required information is not provided, is incorrect, incomplete, or not given in a timely manner, social benefits can be denied or withdrawn either in whole or in part (Section 66 SGB I). In cases of intentional or grossly negligent misrepresentation, repayment claims as well as criminal consequences under Section 263 StGB (fraud) and fine proceedings pursuant to Section 63 SGB II may also arise. Furthermore, an action to compel can be brought against the person or institution required to provide information before the social court. Authorities may employ enforcement measures, such as penalty payments, to compel information if necessary.
Are there any exemptions from the duty to provide information?
Yes, there are various statutory exemptions from the duty to provide information. On the one hand, certain professionals, such as Rechtsanwälte, doctors, psychotherapists, or clergy, are exempt from this obligation in relation to information subject to their professional obligation of confidentiality (Section 65 subsection 1 SGB I in conjunction with Section 203 StGB). Those affected may also refuse to provide information for personal reasons, such as to protect their own life and health, or in cases where the information would incriminate them criminally (Section 65 subsection 2 SGB I). Furthermore, the reasonableness of providing information must always be assessed; unreasonable requests may be refused.
In which proceedings is the duty to provide information enforced?
The duty to provide information is generally enforced in administrative proceedings, which begin with a written request for information by the authority. If the requested information is not provided, a formal administrative act—usually in the form of a hearing and a subsequent order to provide information—is issued. If the person subject to the obligation still fails to comply, the authority may apply coercive measures under administrative procedure law. In disputed cases, it is possible to file a lawsuit before the competent social court.
What information must be disclosed as part of the duty to provide information?
Under the duty to provide information, all data required for establishing entitlement to social benefits must be provided. Typical information includes personal data (name, address, date of birth), information about marital status, income, assets, means of subsistence, personal and financial circumstances, as well as any other details required by the relevant special law. For third parties, the obligation to provide information is limited to relevant facts known to them (for example, wage data of an employer or account balances of a bank).
How is the confidentiality of the transmitted data ensured?
Social authorities are legally obliged to maintain social confidentiality (Section 35 SGB I). Data collected may only be used within the framework of statutory provisions and only for the intended purpose. Disclosure to other bodies is only permissible if there is an explicit legal basis or the consent of the data subject. If data is disclosed without the relevant legal basis, this constitutes a regulatory offence or even a criminal offense (e.g. violation of confidentiality).
Can legal remedies be taken against a request for information from an authority?
Legal remedies are available to the affected person against a request for information from an authority, especially if it is issued as an administrative act, in particular the objection procedure under Sections 83 et seq. SGG (Social Court Act). If the objection is rejected, an action may subsequently be filed with the social court. Until a final decision is made, the duty to provide information must generally be fulfilled unless a suspensive effect is ordered. In exceptional cases, a preliminary injunction is also possible to avert undue hardship.
