Landmark Freedom of Information Act Set to Transform Transparency in September
A sweeping overhaul of Austrian law, culminating in the Freedom of Information Act, is poised to dramatically increase government transparency starting in September. Following a vote by the National Council, 140 existing laws have been amended to align with the new legislation, which mandates greater public access to official information.
The changes, approved with the support of the governing coalition, represent a significant shift in how authorities and public bodies operate. Under the new rules, these entities will be required to proactively publish information deemed to be of public interest and to readily provide access to information upon request. However, exceptions will remain in place to protect public order and security.
Extensive Legal Overhaul Underpins New Access Rules
The scale of the legal adjustments is considerable. Officials explained that the process involved removing the concept of “official secrecy” from numerous laws and replacing it with provisions that adhere to the new constitutional requirements established by the Freedom of Information Act, passed earlier in 2024. This extensive “alloy,” as one official described it, ensures a consistent framework for information access across various government departments.
The Act aims to empower citizens by providing greater insight into government decision-making. While the principle of transparency is enshrined in the legislation, authorities retain the right to withhold information in specific circumstances. For example, information that could jeopardize public safety or national security will remain confidential.
Concerns Raised Over Implementation and Protection of Public Servants
Despite broad support for the principle of increased transparency, the implementation of the Freedom of Information Act has faced criticism from multiple political factions. Members of both the FPÖ and the Greens expressed dissatisfaction with the manner in which the changes were enacted.
A key concern revolves around the potential repercussions for public workers. “There is still the pressure to fear criminal consequences in the publication of information,” stated a representative of a public sector union, highlighting anxieties among civil servants about navigating the new regulations. Stephanie Krisper, a representative from the NEOS party, acknowledged the challenges facing the civil service as they adapt to the new requirements.
Mixed Reactions from Former and Current Political Leaders
The response from political figures has been nuanced. Alma Zadic, a former Minister of Justice who oversaw the initial passage of the Act under a previous administration, welcomed the legislation as a positive step forward. However, her current parliamentary group ultimately rejected the final designs, citing concerns that they were delivered too late and contained internal inconsistencies.
The debate underscores the complexities of balancing transparency with the practical considerations of governance. As the September deadline approaches, the focus will shift to ensuring a smooth and effective implementation of the Freedom of Information Act, and addressing the concerns of those tasked with upholding its principles.
