Freedom of information challenges in Austria and Germany

Legal and administrative tensions regarding freedom of information rights have emerged in Austria and Germany. In Austria, the Forum Informationsfreiheit is contesting a Federal Administrative Court decision after the Federal Ministry of Defence refused to release documents concerning defense deals with Leonardo valued at approximately 2 to 2.5 billion euros. The Ministry cited national security, economic interests, and diplomatic relations with Italy as justifications for secrecy. Similarly, in Germany, the Data Protection and Freedom of Information Commissioner for Brandenburg, Dagmar Hartge, described recent trends as a “general attack on freedom of information,” alleging that authorities use administrative burdens and security risks as pretexts to deny access to public records.

One year after the implementation of the Freedom of Information Act (IFG) in Austria, the landscape of public transparency has shifted. While awareness of the right to information has increased among journalists, politicians, and private citizens—particularly regarding public spending and urban planning—there has been an exponential rise in legal proceedings. The Federal Administrative Court is currently managing hundreds of cases involving delayed or insufficient responses from authorities. The law, which mandates proactive publication of information via a central register, includes specific exemptions for municipalities with fewer than 5,000 inhabitants.