Definition and significance of official information
The term official information refers to the provision of information by public entities or authorities to citizens, businesses, or other authorities. In German law, official information is a central component of administrative procedures as well as administrative services. Information is provided for various purposes and on different legal bases, such as in administrative proceedings, under transparency laws, for the prevention of dangers, or to safeguard certain rights of protection.
Legal foundations of official information
General legal foundations
The obligation or right to provide official information typically arises from the relevant administrative procedure acts, such as the Administrative Procedure Act (VwVfG), special statutory provisions (e.g. Social Security Codes, Environmental Information Act), state freedom of information laws, or internal administrative regulations.
Administrative Procedure Act (VwVfG)
Section 25 of the VwVfG provides for the so-called “official duty of clarification.” According to this, authorities must provide appropriate information about the status of proceedings to the participant upon request during fact-finding, insofar as it serves clarification or the protection of legitimate interests.
Freedom of Information Acts (IFG)
Through the Freedom of Information Act (IFG) of the federal government and corresponding state laws, access to official information is regulated, provided there are no grounds for exclusion. The IFG establishes a right of access to official information, which also includes official information provided by authorities.
Special laws
Depending on the subject, there are specific rules regarding the right to information in tax law (e.g. Section 30 AO), social law (Section 25 SGB X), environmental law (Section 3 UIG), or data protection law.
Right of application and claimants
In principle, any citizen or business is entitled to official information if a legitimate interest in the information can be proven or is required by law. A legitimate interest must be demonstrated, particularly when dealing with sensitive, personal, or security-relevant data.
Types and forms of official information
Internal and external official information
An important distinction is to be made between internal (between authorities) and external (towards citizens and third parties) information. Internal official information serves information exchange within the administration, while external official information constitutes an administrative service to the applicant.
Form of provision of information
Information may be provided in various ways:
- Orally (in person, by telephone)
- In writing (by letter, email)
- Electronically (via online portals)
Within the framework of rights to inspect records, information may also be granted through inspection of files.
Legal limitations of official information
Reasons for refusal
Numerous statutory grounds for refusal or restriction of official information exist. These include, in particular:
- Data protection and protection of personal data (cf. GDPR, BDSG)
- Protection of trade and business secrets
- Protection of public interests, for example in the case of classified information or in the field of internal security
- Rights of third parties, for example copyright or personal rights
- Ongoing investigative, tax, or disciplinary proceedings
Right to information under data protection law
According to Article 15 of the General Data Protection Regulation (GDPR), data subjects have the right to information about the processing of their personal data by public bodies. Time limits and exceptions must be observed, for example to protect public security or to pursue criminal offenses.
Restrictions under the Freedom of Information Act
The IFG provides for a variety of grounds for exclusion, notably relating to the protection of public interests (e.g. national defense, relations with foreign states), trade and business secrets, and personal data. The authority must regularly conduct a balancing of interests in such cases.
Procedure for providing information
Application
As a rule, a (simple) application is required to obtain official information. This can be submitted orally or in writing, although certain requests may be subject to formal requirements.
Processing deadlines and fees
Many freedom of information laws and special laws specify processing deadlines (e.g. under the IFG a maximum of one month). Depending on the administrative effort, fees may be charged for providing information, unless expressly excluded.
Legal remedies
If information is refused, applicants may challenge the authority’s decision through legal remedies such as an objection or a legal action to obtain information. Claims for failure to act are also possible if the authority exceeds the decision-making deadline.
Special forms of official information
Information in the registration system
The Federal Registration Act (BMG) regulates the retrieval of register information. Any person has the right to simple information about data stored in the register about a person (Section 44 BMG), provided there is no information block. Special requirements apply to extended information and address determinations.
Information provided by police and security authorities
Police and regulatory authorities provide information only when there is a legitimate interest and subject to data protection and hazard prevention. Special procedural rules apply depending on state law and police statutes.
Social law information
In social administration procedures, there is a right to information and counseling pursuant to Section 14 SGB I. Authorities are obliged to provide clarification about rights and obligations in social benefits relationships.
Significance and function in the rule of law
Official information is an essential instrument of administrative transparency, legal control, and the protection of individual rights. It serves to hold the state accountable and enables citizens and businesses to effectively exercise participation rights.
Literature and further references
- Administrative Procedure Act (VwVfG)
- Freedom of Information Act (IFG)
- Federal Data Protection Act (BDSG), GDPR
- Federal Registration Act (BMG)
- Environmental Information Act (UIG)
- Social Security Code (SGB), especially SGB I and SGB X
Conclusion: Official information is a complex area of law, situated between the right to information, data protection, and public security. Depending on the legal basis, addressed authority, and type of information, different procedures, rights, and obligations must be observed. Knowledge of the relevant laws and regulations is essential for effective application and exercise of the right to information.
Frequently asked questions
What are the legal bases governing the right to official information?
The right to official information under German law is governed in particular by administrative procedure acts (notably Section 29 VwVfG), federal and state freedom of information acts, as well as by specific specialist laws. For example, the federal Freedom of Information Act (IFG) provides that any person has the right, in principle, to receive information from federal authorities about official information. Further provisions are also found in the Environmental Information Act (UIG) and in data protection laws, which concern access to environmental and personal data respectively. Nevertheless, numerous exceptions and grounds for refusal exist, for example when official information would affect protected public or private interests or where statutory confidentiality obligations apply. The respective legal bases must always be reviewed in context and with regard to the specific authority.
Under what circumstances can official information be refused?
Refusal to provide official information is permissible in particular if the disclosure of information would violate statutory obligations of confidentiality, e.g. for reasons of data protection, tax secrecy, or due to specific public interests such as endangering public security and order. Likewise, the right to information can be restricted when business and trade secrets or the interests of constitutional protection are affected. The authority must carry out a comprehensive balancing of interests in each individual case, especially between the applicant’s interest in information and conflicting public or private interests. The refusal must be issued in writing and must state the relevant reasons; information on legal remedies must also be provided.
In what forms can official information be provided?
Official information may be provided orally, in writing, or electronically, with applicants generally able to choose the form in which they wish to receive the information. In more complex matters or extensive requests, authorities often prefer the written form, as it increases legal certainty and verifiability. In some cases, the authority may also refer to already published information or grant access to files (record inspection) if this appears useful. The precise form depends on the particular matter and available administrative resources.
Can fees be charged for the provision of information?
Yes, in principle, fees and expenses may be charged for providing official information, as provided for in the applicable fee schedules or cost laws (e.g. the Administration Costs Act or specific fee statutes). Fees are generally determined based on the administrative effort involved in providing the information, though simple oral information is often free of charge. Applicants should inform themselves in advance about possible costs, as substantial fees may be incurred especially for extensive or complex information requests. In social law or data protection contexts, there may be a right to exemption from fees.
Is there a legal right to official information for everyone?
The right to official information in Germany does not apply unconditionally to everyone, but depends on the legal basis. Under the IFG, there is a general right for every person, regardless of nationality or place of residence, while general administrative procedural law (e.g. Section 29 VwVfG) usually restricts the right to information to parties involved in proceedings. In addition, specialist laws (e.g. Building Code, environmental law) frequently establish special situations involving information rights with their own circle of entitled persons. Determining the group of authorized persons is part of the authority’s discretionary decision.
What are the legal steps to take in the event of a decision to refuse information?
If an application for official information is refused, applicants may generally pursue the administrative legal process. This usually requires a formal objection or a request for review to the authority refusing to provide information or its next higher instance, if the respective procedural law provides for this. If this request is also refused, an action can be brought before the competent administrative court. The action is generally for the granting of the requested information (action to compel performance). During the court proceedings, the lawfulness and expediency of the authority’s refusal to provide information are subject to comprehensive review. In some cases, ombudspersons or specific supervisory authorities (e.g. in data protection matters) may also be involved.
What data protection aspects must be observed in official information?
The provision of official information is always subject to data protection regulations, in particular the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and, where applicable, special data protection legislation. Where official information concerns personal data of third parties, such data may only be disclosed if there is an explicit statutory basis or the data subject has given consent. Weighing the interest in disclosure against the protection of personal data is a central part of every official decision regarding the provision of information. Data protection supervisory bodies, such as data protection officers, may be consulted in case of disputes.
