The adoption of the North Rhine-Westphalia Freedom of Information Act (IFG NRW) was a response to the growing need for information and transparency in public administration.
Free access to information not only increases the traceability, but also the acceptance of official decisions. It documents the principle of an open administration that is at the service of citizens.
The aim of introducing a right of access to information is also to optimize the participation of citizens in the actions of state bodies by providing them with an improved basis for argumentation. Transparency in government action and the goal of shaping the community as a citizen require that the information provided is as original, direct and unadulterated as possible.
Who has a right to information?
Every natural person has the right to freedom of information, i.e. every citizen has a right of access to official information held by public authorities.
Under what conditions does the right of access to information exist?
The right to free access to official information is not subject to any specific conditions. There is no need to prove a legal or legitimate interest: freedom of information is granted as a civil right solely for its own sake.
Are there any restrictions?
Yes, even the right to free access to official information cannot be unlimited. On the one hand, restrictions result from counterclaims by any affected parties, and on the other hand, public interests may conflict with the right to information. The IFG NRW therefore contains a catalog of narrowly defined exceptions that justify the rejection of a request for information.
In addition, special statutory provisions that separately regulate access to official information take precedence over the provisions of the IFG NRW. For example, if the request for information addressed to a public authority relates to the communication of personal data, the claim is determined in accordance with the relevant provisions of the NRW Data Protection Act.
What needs to be done to obtain the requested information
Access to official information is (only) granted on request. In order to obtain the desired information, an application - preferably in writing - must therefore be submitted to the authority obliged to provide the information. This request must be sufficiently specific, i.e. it must specify individual cases or processes etc. in connection with which information is to be made available.
How long does it take for the information to be provided?
The Freedom of Information Act stipulates that the information should be made available immediately, at the latest within one month of the request being made.
What legal protection is available if a request is rejected?
If a public body rejects a request for information, every citizen has the right to appeal to the State Commissioner for Data Protection as the representative for the right to information. It is also possible to take legal action against the refusal.
What does access to information cost?
Not every transfer of information is associated with costs for the citizen: the provision of verbal or simple written information is free of charge, as is the provision of access to files and other information carriers in simple cases. However, individual expenses, such as copying costs, may have to be reimbursed.
In the case of more extensive administrative work, the administrative fee regulations for the IFG NRW stipulate a minimum fee of 10 euros. In cases of hardship, the charging of fees and expenses can be waived in whole or in part upon application.
Where can I view information on requests that have already been made under the IFG NRW?
Information under the IFG NRW is not published centrally. However, it is occasionally posted on private platforms on the Internet and can be searched there.