A new era of transparency: Austria’s Freedom of Information Act including a brief look at Germany – Freshfields Risk & Compliance

Report on Austria’s Freedom of Information Act (IFG AT) and its Alignment with Sustainable Development Goals

This report analyzes the enactment of Austria’s Informationsfreiheitsgesetz (IFG AT), detailing its core components, implications for the corporate sector, and its significant contribution to achieving the United Nations Sustainable Development Goals (SDGs), particularly SDG 16.

Legislative Transformation and Commitment to SDG 16: Peace, Justice and Strong Institutions

Austria’s new IFG AT marks a fundamental shift from a long-standing system of official secrecy to a constitutionally anchored right of access to information. This transition directly addresses key targets of SDG 16, which aims to build effective, accountable, and inclusive institutions at all levels.

• SDG Target 16.6: By mandating proactive publication of data and establishing a right to access information, the IFG AT is a primary mechanism for developing more effective, accountable, and transparent institutions.
• SDG Target 16.10: The law explicitly ensures public access to information, aligning Austria with international agreements and fundamental rights frameworks, thereby fulfilling this critical target for protecting fundamental freedoms.

This legislative reform moves Austria in line with broader European Union standards, where transparency is guaranteed under Article 15 TFEU and the EU Charter of Fundamental Rights, strengthening its position within international transparency frameworks.

Core Pillars of the IFG AT: Mechanisms for Institutional Accountability

The new regime is structured around two foundational pillars that reinforce the principles of SDG 16 by creating clear pathways for public scrutiny and engagement.

Right of Access to Information

Any individual or company can request access to information held by public bodies and certain private entities performing public functions. This process is designed to be accessible and efficient, thereby lowering barriers to public oversight.

• Requests can be submitted informally and are free of charge.
• A standard response period of four weeks is mandated.
• The scope includes any record serving official or business purposes, regardless of its form.

Proactive Duty to Publish Information

A key innovation is the requirement for public bodies to proactively publish information of general interest in a public database. This supports multiple SDGs by making critical data readily available for analysis and decision-making.

• Published Information Includes: Official statistics, studies, expert opinions, and public contracts.
• Contribution to SDGs: This transparency supports informed public discourse and policy-making related to sustainable cities (SDG 11), climate action (SDG 13), and economic growth (SDG 8).

Corporate Implications: Opportunities and Risks in a Transparent Framework

The IFG AT creates a new operational landscape for businesses, presenting both strategic opportunities aligned with sustainable economic development and compliance risks that require proactive management.

Opportunities for Sustainable Growth and Innovation (SDG 8 & SDG 9)

Enhanced access to official data provides companies with valuable resources for strategic planning and market analysis, fostering a more competitive and innovative economic environment.

• Market Research: Access to statistics, studies, and reports allows for more informed business strategies.
• Strategic Decision-Making: Data on public contracts, permits, and environmental reports (relevant to SDG 11 and SDG 13) can guide investment and operational decisions.
• Due Diligence: The law facilitates more efficient information gathering for corporate acquisitions involving public entities.

Risk Mitigation and Corporate Responsibility

The law also introduces risks related to the potential disclosure of confidential corporate information submitted to public authorities. Managing this risk is essential for maintaining competitive advantage.

• Primary Risk: Business secrets, trade secrets, and personal data may become accessible to third parties through information requests.
• Mitigation Strategy: Companies must adopt protocols for minimizing and clearly labeling sensitive data at the point of submission to authorities, providing robust justification for its confidentiality.

Compliance and Governance Frameworks for Stronger Institutions

Certain companies, particularly those performing public functions or under public control, are directly subject to the IFG AT’s disclosure obligations. This necessitates the implementation of robust internal compliance structures, reinforcing corporate accountability as a component of SDG 16.

Required Internal Processes

1. Establish Clear Responsibilities: Designate personnel and departments for handling information requests.
2. Create a Data Inventory: Map internal data to facilitate timely and accurate responses to disclosure duties.
3. Develop Internal Guidelines: Formulate clear procedures for balancing public interest in disclosure against the need to protect confidential information.

The Role of “Public Watchdogs” and Civil Society

The IFG AT grants special status to “public watchdogs” like media and NGOs, who can request information without the prior hearing of affected third parties. This provision strengthens the monitoring function of civil society, a cornerstone of the accountability envisioned in SDG 16, by ensuring that investigative research in the public interest is not obstructed.

Strategic Recommendations for Corporate Adaptation

To navigate this new era of transparency and leverage its benefits, companies should adopt a proactive and strategic approach.

1. Assess Applicability: Determine if the company falls within the scope of the IFG AT’s obligations.
2. Implement Data Management Protocols: Systematically label and justify confidential information provided to public bodies to protect sensitive data.
3. Develop Information Acquisition Strategies: Create internal processes to regularly consult the public database and submit targeted information requests to support strategic goals aligned with sustainable development.
4. Prepare for Legal Proceedings: Understand the available legal remedies and establish protocols for responding to hearings and potential disputes over information disclosure.

Analysis of the Article in Relation to Sustainable Development Goals

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article on Austria’s new Freedom of Information Act (IFG AT) primarily addresses issues related to SDG 16, with strong connections to SDG 11 and SDG 17.

• SDG 16: Peace, Justice and Strong Institutions

  This is the most relevant SDG. The entire article focuses on the transition from a system of “official secrecy” to one that promotes transparency, accountability, and public access to information. The IFG AT is a legal instrument designed to build more effective and transparent public institutions, which is the core objective of SDG 16. The law aims to “enhance transparency and strengthen public trust” and create “legal certainty and predictability in relation to the work of public institutions.”

• SDG 11: Sustainable Cities and Communities

  The article establishes a connection to SDG 11 by highlighting the practical applications of the new law. It states that the IFG AT “will be particularly relevant in fields such as environmental and planning law, where it provides access to expert reports, measurement data and permits.” Access to such information is crucial for sustainable urban planning, environmental protection, and enabling public participation in decisions that affect communities.

• SDG 17: Partnerships for the Goals

  The IFG AT facilitates partnerships by making data available to various stakeholders. The article notes that the law creates opportunities for “market research, strategic decision-making” for companies and empowers “public watchdogs, such as media or NGOs” to perform monitoring functions. This sharing of information between public bodies, the private sector, and civil society is a form of data partnership that supports informed decision-making and accountability, which aligns with the goals of SDG 17.

2. What specific targets under those SDGs can be identified based on the article’s content?

Several specific SDG targets can be directly linked to the content of the article:

• Target 16.6: Develop effective, accountable and transparent institutions at all levels.

  The IFG AT is a direct mechanism for achieving this target. The law replaces “official secrecy” with a “right of access to official information and imposes a duty of proactive publication on the majority of public bodies.” This forces institutions to be more transparent and accountable for their actions and decisions.

• Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.

  This target is explicitly addressed. The article details how the IFG AT, a new piece of “national legislation,” establishes a constitutionally anchored “right of access to information.” It also references international agreements and fundamental rights that underpin this principle, such as “Article 10 ECHR and Article 11 EU Charter of Fundamental Rights.”

• Target 11.3: By 2030, enhance inclusive and sustainable urbanization and capacity for participatory, integrated and sustainable human settlement planning and management in all countries.

  The law contributes to this target by making critical data for planning accessible. As the article mentions, providing “access to expert reports, measurement data and permits” in environmental and planning law empowers citizens, companies, and NGOs to participate more effectively in sustainable planning and management processes.

• Target 17.18: By 2020, enhance capacity-building support to developing countries, including for least developed countries and small island developing States, to increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts.

  While Austria is not a developing country, the principles of this target are relevant. The IFG AT’s “proactive duty to provide information” and the requirement to publish “official statistics, studies and expert opinions” directly contribute to increasing the availability of high-quality and reliable data for public use.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

The article implies several indicators that can be used to measure the implementation and effectiveness of the IFG AT and, by extension, progress towards the identified SDG targets.

• Existence of a constitutional/statutory guarantee for public access to information (Indicator for Target 16.10)

  The article explicitly states that in Austria, “the freedom of information is explicitly constitutionally anchored in Article 22a Federal Constitutional Act (Bundes-Verfassungsgesetz, B-VG).” The enactment and constitutional anchoring of the IFG AT itself is a primary indicator.

• Establishment of a public database for proactive information disclosure (Indicator for Target 16.6)

  The law’s second pillar is the “proactive duty to provide information,” which requires that information of general interest “must be entered into a public database.” The existence, accessibility, and comprehensiveness of this database are measurable indicators of institutional transparency.

• Scope and type of information proactively published (Indicator for Target 16.6 and 17.18)

  The article specifies the types of information that must be published, including “organizational rules and structures, official gazettes, official statistics, studies and expert opinions, as well as contracts.” The volume and variety of these documents made available can be tracked as an indicator of progress.

• Procedures and timelines for responding to information requests (Indicator for Target 16.10)

  The article mentions that requests can be submitted “informally and free of charge” and that the “response period is usually four weeks.” The number of requests filed, the percentage of requests granted, and the average response time are all quantifiable indicators of the law’s effectiveness.

• Implementation of compliance processes by public and quasi-public bodies (Indicator for Target 16.6)

  The article notes that companies performing public functions “must implement appropriate compliance processes.” An indicator of progress would be the number or percentage of such entities that have established “clearly defined responsibilities for handling requests” and “internal guidelines.”

4. Table of SDGs, Targets, and Indicators

Source: riskandcompliance.freshfields.com