Thursday, December 30, 2010

Freedom of Information: Data Protection Commissioner criticized the government

Berlin - Five years after the Freedom of Information Law benefit the citizens of their right to the federal authorities only moderately. And the authorities see themselves despite the legal obligation to openness largely unbuttoned. "The balance is not entirely positive," said the Federal Data Protection Commissioner Peter Schaar, the news agency dpa.

The law is there since 1 January 2006. It will allow every citizen access to official information to federal authorities. Particularly difficult with the respondents is happening, according to Schaar, the Federal Ministry of Finance. Parts of the Federal Ministry of Transport, Building and Urban Affairs and its subordinate agencies behaved hesitant.


As a negative example Schaar called the Federal Railway Office. In contrast, the Foreign Office go "exemplary" by the law. The Federal Employment Agency had become more open. "She's gone over to an active information policy and has put all their technical instructions to the network," said Schaar.

Right to information: Offices in the street '"I would be very happy if the active information policy of the authorities would be much better," said Schaar. The authorities would have even more to advertise the law. Many citizens do not know that they have a right to information. This could be the estimation of band one of the reasons that the number of inquiries to the federal moves per year at present to around 1500.

This will not take the law to the extent in standards as they had expected, "said Schaar. He criticized some authorities are "very creative" in order to circumvent the right of the citizens. Operations, for example, would simply declare a "government action". "This is a justification, which is derived from a ruling of the Administrative Court of Berlin, which in our view was not very happy," said Schaar.

Based on such as the release of the log books of the former family minister Ursula von der Leyen (CDU) had been rejected. "This is not understandable in our view," said Schaar. The Commissioner for Data Protection and freedom of information may challenge violations and publicly denounce in his report.

"We have no possibility to impose fines or penalties to encourage," said Schaar. If citizens but the information would not be getting called-up, they could sue for their rights before the administrative courts.

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