Germany set to restrict its Freedom of Information Act (dw.com)
242 points by robtherobber 7 hours ago
eigenspace 6 hours ago
Worth noting that this is a push from the CDU who are leading the government, but their coalition partner the SPD has already come out pretty strongly against this, so it's rather unclear if this would ever actually go through (not to mention challenges from constitutional courts). The CDU cannot unilaterally push through legislation without the SPD.
The SPD has rolled over for the CDU in the past on things, but they've also blocked things they thought were important enough to block, so it's really anyone's guess if this go through (I personally wouldn't bet on it, but I'm sure a bunch of dour pessimists will come explain to me that it's a foregone conclusion and I'm naive).
igl 6 hours ago
"SPD will block this" is contradicted by SPD already voting for the identical Berlin version weeks ago.
chrystalkey 6 hours ago
Not identical but similar and state vs federal level, might as well be different parties. Thats not to say I am not Just as worried as you
h4x0rr 3 hours ago
rob74 6 hours ago
First phrase in the article: "Shortly before the German parliament's summer recess, lawmakers approved a whole series of reforms." Sounds like "done and dusted" to me. The Bundesrat (the second chamber of the parliament) also approved, er... something, but it's not clear to me if it's just the health measures or also the rest. What's left is for the Bundespräsident to sign it, but that's a formality.
And yes, no idea why the SPD is so on board with this - some measures, like having to provide a medical certificate from the first day of an illness (which in practice means you have to go see a doctor personally on the first day of sickness), are definitely not going to increase the dismal approval ratings of this government. So, for example, if you're prone to migraines, until now you would have simply called in sick for a day, now you have to drag yourself to the doctor, only for them to tell you (after potentially hours of waiting) "oh, you do look very pale and sickly today, you probably do have a migraine, here's the certificate. I assume you already took one or several headache pills? Now please, go home and rest."?!
eigenspace 6 hours ago
This hasn't been voted on in the Bundesttag yet, let alone the Bundesrat or Bundespräsident.
rob74 5 hours ago
OKRainbowKid 7 hours ago
This seems to be the latest attempt of the conservative CDU to further reduce transparency and accountability of government officials. One could posit the goal is to enable corruption without all that hassle of the media potentially finding out about it.
pizzao 7 hours ago
A country in decay..
denvrede 6 hours ago
I'd generally agree, but my follow up question would be: which western country isn't?
arjie 3 hours ago
flossly 6 hours ago
tremon 4 hours ago
skinfaxi 6 hours ago
greenavocado 6 hours ago
inigyou 4 hours ago
master-lincoln 5 hours ago
yep, it's the populists communication strategies winning over the voters so people in power can screw the populace as they like and the spin doctors (not the band) will make people think it's in their interest.
throw1234567891 6 hours ago
AfD will come and rescue everyone. /s
Markomancer 2 hours ago
As a freedom of information officer for a public body in another EU country, I feel that some of these changes such as the restriction of requests to EU citizens are inevitable in my country too.
The volume of FOI requests we get is huge and they are more time intensive than ever, due to the fact most are now written by llms.
I see no reason why the taxpayers of any EU country should be footing the bill for requests from non EU citizens. These requests take a significant amount of public sector resources to compile records and deliver decisions. Given this, why should a non-EU citizen's request be held in equal esteem to EU citizens'?
It comes down to the intent behind these laws. Is it to provide transparency to the citizens that government are accountable to or is it to provide records/information to anyone from anywhere in the world.
CrimsonRain an hour ago
How about keeping the information public from start so a request is not even needed?
Markomancer 30 minutes ago
Fully in favour of this and we are making efforts to publish as much of our data publicly as we can. We have set up an open data portal for this purpose.
My country differs from Germany in that our Freedom of Information laws are much broader and allow anyone to request virtually any record held by a public body, with the grounds for refusal being narrower. For example, generic day to day email exchanges between low level public officials are requestable and we have to argue why it is against the public interest to release them.
While we're trying to publish as much data that is of public interest ad possible, it's proving very difficult to anticipate many of these requests.
In my organisation in particular - we're receiving requests from consultation firms outside the EU on costings for certain services. So we(The taxpayer) are essentially doing their research for them.
CrimsonRain 15 minutes ago
yukeabu 2 hours ago
For decades, we have become accustomed to similar anti-constitutional moves from the CDU/CSU. Remarkably, while the German government fails to implement such policies, former CDU chancellor candidate Ursula von der Leyen is pushing them through at the EU level. For some reason, she is now at the helm of the EU. According to German law, anti-constitutional actions are normally considered terrorism.
Aeolun 5 hours ago
Wait? They previously allowed everybody and their mother to request the information? Limiting it to ‘citizens of the european union’ seems eminently reasonable.
BadBadJellyBean 4 hours ago
There is more to it. To request information you have to have some "legitimate interest" which is not yet defined and sounds like an easy way to not give out information.
Also no more NGOs. They were the ones who had the most power to wrestle information out of the hands of rather unwilling parties. The cost of going to court for this would deter most private persons.
black_puppydog 2 hours ago
Also no more limit on the cost they can bill you for providing the information. This can easily be 5 figures and isn't known before it's too late.
downrightmike an hour ago
eigenspace 5 hours ago
Maybe, but the more problematic part is disallowing NGOs from submitting information requests. Multiple previous corruption scandals in Germany were exposed exactly because NGOs themselves were allowed to submit these information requests (and pay for them).
mytailorisrich 5 hours ago
IMHO banning organisations from making requests will have no effect. People will just make requests in their own names, instead, then what?
jabiko 5 hours ago
eigenspace 5 hours ago
krferriter 4 hours ago
gustavus 5 hours ago
danielfoster 3 hours ago
Such a restriction isn’t patently unreasonable but it would make it more difficult for foreign journalists to do research, and it would add the hassle of requiring individuals to show proof of residence when submitting a request. Anonymous requests under pseudonyms would become impossible.
For what it’s worth, only a handful of US states have a residency requirement for FOIA requests.
bakies 3 hours ago
What about watchdog groups?
myrmidon 5 hours ago
Not really.
The main "purpose" for such information is to be published, and at that point it makes no difference who exactly requested it.
Personal view:
The current mainly governing party in Germany (CDU/CSU) is a bunch of incompetent, nepotistic gerontocrats, and this change is mainly intended to make it harder for independent press to air their dirty laundry.
Just for reference: Approval rating for Merz (chancellor) is under 20% (!!); even Trump is >35%.
master-lincoln 5 hours ago
I am wondering if a valid aspect of limiting this to people living in Germany could be to prevent Denial of Service attacks from abroad. Of course these could also be launched from Germans...
jabiko 5 hours ago
varispeed 5 hours ago
Won't this require citizen to provide ID and therefore citizens asking difficult questions could become a target for retaliation?
LauraMedia 5 hours ago
Yes, and there is currently talks if this also means NGOs like FragDenStaat or media outlets could no longer request information.
schnitzelstoat 5 hours ago
You can also be a resident, paying plenty of taxes, yet not be a citizen.
master-lincoln 5 hours ago
was already the case https://www.bverwg.de/pm/2024/10
inigyou 5 hours ago
It's already the case that if you question Israel's right to exist you are considered an antisemitic terrorist and arrested - they are now trying to codify this into an actual law (not just something the police do).
There is no freedom in Germany. The mistakes of the past did not change anyone's mindset about human rights and freedom. They only learned how to put on a facade of caring about them. And they are the most powerful member of the European Union.
master-lincoln 3 hours ago
sajithdilshan 6 hours ago
I don't think this would pass at all, the German parliament is now in summer break and once they're back there would be 3 federal state elections and depending on its outcome, the current government could collapse before the end of this year.
flohofwoe 6 hours ago
Lol, do you seriously think the 'alternative' would be any more progressive when it comes to freedom of information (or government transparency in general) once they'd be in power?
inigyou 5 hours ago
I guess the Left or the Greens or the useless SPD could theoretically win the elections.
It won't happen though. It'll be AfD.
sajithdilshan 4 hours ago
sajithdilshan 4 hours ago
I don’t think so. But if that’s what the people want who are you or me to question that? It’s the people’s will and democracy in action
inigyou 4 hours ago
artirdx 5 hours ago
It won’t but how else does general public signal that they do not want whatever mainstream parties are offering. Any proposals? Democracy isn’t working as intended. Autocracy is unacceptable. So what now?
miohtama 6 hours ago
What incidents are driving such a change?
PurpleRamen 6 hours ago
Rumour goes that too many high ranking fraudulent CDU-politicians were exposed with this (Philipp Amthor and Jens Spahn for example).
beeforpork 5 hours ago
The proposal to restrict the access to information came from Amthor himself -- he was in the working group to prepare this proposal for the coalition agreement.
It is not a rumour, it is a plain public fact. Amthor's shady connection to Augustus Intelligence was revealed by a request using this law.
https://fragdenstaat.de/artikel/exklusiv/2025/03/union-will-... (In German)
PurpleRamen 4 hours ago
sajithdilshan 6 hours ago
Recently there was a days long blackout in the middle of winter in Berlin due to a left-extremist attack on power line infrastructure [1]. This was mainly because all those critical infrastructure information is publicly accessible. I can imagine the goal is to prevent such critical information being publicly available in the future.
Also, there was big scandal from then health minister of Germany [2] and the information came out through various media out lets. I can imagine the politicians wants to prevent that happening in the future as well, so the corruption would go undetected (this is just my opinion)
[1]- https://www.dw.com/en/berlin-blackout-how-dangerous-are-left... [2] - https://www.dw.com/en/covid-19-german-govt-suffers-defeat-in...
Jamesbeam 5 hours ago
Retaliation for exposing major character flaws of the chancellor’s cabinet and potentially corruptness of major CDU (Christian Democratic Union) figures close to the chancellor seems a plausible answer.
FoIA requests humiliated half of the chancellor’s cabinet this year, including the chancellor himself.
The agricultural minister (CSU)(CDUs sister party) was especially proud of his nickname "the black butcher".
Someone sent a request inquiring about the hygiene protocols of his butchers shop via FoIA and he rather closed shop to deny access to the protocols than hand them out. This is now in front of a court and the media made fun of him for being the black butcher without a butchery.
Digital Minister (CDU) went on TV and proudly announced no more fax machines in his ministry.
Someone sent his undersecretary a fax the same day with the title "Jäger des verlorenen Faxes" which translates into "hunter of the lost fax" and is a Hommage to the German Indiana Jones raiders of the last ark movie title.
Two weeks later the minister sat in an interview and said he needed to correct himself. If he sees another fax machine in his ministry it’s going to get thrown out.
There was a huge conference that is run annually by a company the culture minister (CDU) is controlling that allowed access to major German political figures including private talks, including the minister of economy (CDU), for a fixed price.
It was only uncovered by a FoIA request. It was so bad the Bavarian prime minister had to pull any funding and recommendations to the conference and had to stay away from it after going there for years.
Just this week the mayor of Berlin (CDU) had to give up his spot as top candidate in the upcoming mayoral race because he lied to the press and even lied repeatedly about phoning with the chancellor during the major attack on the energy infrastructure in Berlin by allegedly left-wing extremists.
A FoIA request busted the lying mayor as well as the lying chancellor, whose ministry couldn’t provide any proof they telephoned at all at the time they both said they had phoned, when a court asked them to deliver proof to the court.
This is only on the federal level, in a single year.
IFG/FoIA busted tons of lying and cheating local politicians over the years. Of course, the party that is involved in most of the heavy cases does want this law to die or be completely ineffective.
It’s very annoying for the chancellor that normal people have the right to inform themselves by whom and how decisions were made as soon as public money is involved.
But he’s also calling every German citizen lazy and cheating with sick days, etc., so I’d say the German people have a huge reason to distrust this cabinet and use the IFG/FoIA as the small man’s nuclear bomb, and the cabinet really doesn’t like that the peasants can fight back with the most annoying weapon in their arsenal, counter-bureaucracy.
constantius 3 hours ago
Thanks for the overview: the common and intuitive view when transparency is attacked in this way is that the ruling class wants to protect themselves, and your list provides ample evidence.
I hope the Parliament doesn't buy the story about protecting critical infrastructure.
mito88 2 hours ago
in ontario the same.
https://globalnews.ca/news/11943570/doug-ford-cellphone-free...
joe_mamba 6 hours ago
Same thing happened in Romania.
The previous president was burning tens of million of Euros on renting private jets on the taxpayer's dime for trips that weren't related to his duties, and when reporters wanted to investigate this misuse, the government came forward and called the president's travel history (and expenses) a national security topic and remove it from the freedom of information.
Isn't it convenient how you can just cover corruption under the rug by invoking national security? I'm surprised it hasn't been used more often.
snowpid 33 minutes ago
While I disagree with the doom of some posters (especially coming over from r/de) I do think this is a systematic issue we need to tackle.
These organisation fights for a direct democratic veto right so any change change can be fought against with enough signs. Please support (and people from other countries feel inspired)
josefritzishere 6 hours ago
Germany is forgetting history already.
BSDobelix 6 hours ago
I dont think so, they want to repeat it, security-force should be implemented like in east-Germany, capitalism like in west-Germany and the wall is now in the Ukraine build with dead bodies instead of stone.
inigyou 5 hours ago
Germany has learned from history and become Israel's biggest supporter.
watwut 4 hours ago
That historical guilt and awareness are noticeable in Germans and Germany. Their unconditional support of Israel is literally one of the consequences. So was their massive support for refugees.
They are really way stronger in admitting their country crimes the other countries I know about who generally like to pretend none of that ugly stuff was happening.
BSDobelix 5 hours ago
Shame on you! You turning it upside down, Germany think of them self as the worst war criminal ever (and forever) and that's is why the dont allow themself to ever criticize Israel whatever they do.
slim 2 hours ago
bitwize 3 hours ago
Giving the government wide leeway means more restrictions for you and less accountability for them? surprised_pikachu.jpg
jijijijij 5 hours ago
As a German citizen let me tell you, the rate of decline this country is in is truly shocking. This is by far the worst government in my lifetime, and remarkably there is wide consensus about it across the population (above 85% dissatisfaction, if you think I am exaggerating here).
Industry and trade associations aren't happy either, which raises the question who asks for this? Life is getting forcefully precarious for a lot of people: Reduction of labor rights; stigmatization of unemployment, down to calls for forced labor; inflation; heavy increase in taxes; unaffordable housing... Mind you, none of that is economically necessary (e.g. we could prosecute tax evasion and tax the rich to begin with). All while transparency and democratic institutions are needlessly eroded.
And then there is the real threat of a next AfD (fascists oligarchy party) government looming above all. It's like CDU/SPD are preparing for a authoritarian take-over. Incidentally, there are documented connections between CDU leaders and foreign think tanks like The Heritage Foundation. Not to mention the constant endorsement and promotion of the AfD by Musk and Vance.
It's fucking wild and scary. I honestly fear, Germany is past the point of no return. I think we got moderately lucky Trump decided to outdo himself with Iran, and then the recent record heat wave, which felt downright apocalyptic. The theoretical negative consequences of some policies became immediately very tangible and undeniable. But I am not sure that's enough to shake up people. The opposition is somewhat complicit by not stepping up and presenting a vision towards democracy, equality and reason.
throwaway_20357 3 hours ago
It's the continuation of a process that is going on for 25-30 years. As others have noted, Germany's industrial base is eroding due to high energy costs and Chinese competition. Its political decisions over the last two decades have been questionable, accelerating the decline and any true reform is unlikely to get a majority in the current gerontocratic society. There is no need to attribute this to malice, I think it can adequately be explained by incompetence.
jijijijij 12 minutes ago
Merkel era was "incompetence"/inaction, Merz is pure malice. Remember when he did the McDonalds ad during his campaign and then the first thing after being elected was the gastronomy tax reduction which heavily favored, you guessed it, McDonalds? Sorry, wasn't actually the first thing. The first thing was breaking his campaign promise of honoring Schuldenbremse, after using the Schuldenbremse to explode the former government. He then took future Germany's money to pay his fastfood bros. If that's not malice, what is? Well, I would actually call it treason. And let's not start with Reiche and Spahn talking malice.
I would also reject the notion China "happened" to Germany, or energy costs were rising due to moral panics regarding nuclear power.
Germany once was leader in renewable energy tech, both solar and wind. Corruption and lobby driven politics intentionally abandoned that edge and caused an inefficient energy market, which is a main factor in energy costs. Of course our exceptionally productive and capable Mittelstand is not considered "German industry", only a few old-money corporations are. Your are saying the decline happened over 30 years, but the last nuclear power plat was only shut down 2023. And Germany's naive dependence on Russian gas was one of the main causal factors for the Ukraine war and all the expenses it caused. There absolutely was a cheaper, sustainable path intentionally not taken.
The same is true for our industry. It's corruption/lobbyism, arrogance and inaction, in face of slowly emerging Chinese "competition", which caused the downfall. It's not like politics/industry tried their best and failed. They tried nothing. On the contrary, they enforced the status quo over innovation and now when their power play failed they got nothing to offer. The reason BMW isn't the leader in electric cars is because at some point management decided to scrape the successful program, because "muh ICE so technology!". VW never even tried, but rather went all-in on lobbying to future-proof their business. Let's raise taxes for the bail-out.
And then of course the establishment owned media helped too, preventing necessary adaptations: https://www.sciencedirect.com/science/article/pii/S221462962...
Corruption, arrogance and inaction caused the German downfall.
dudefeliciano an hour ago
> which raises the question who asks for this?
Probably the 5000 ultra-rich who own 27% of Germanys wealth. CDU/CSU and even AfD is great news for them.
https://www.euronews.com/business/2026/05/27/5000-ultra-rich...
wartywhoa23 5 hours ago
> This is by far the worst government in my lifetime
I guess we all can safely conclude that all governments of the word (world's government? shoot that tinfoilhat), at least those who have any meaningful means of destruction at hand, are the worst not only in our, but also our parents' lifetimes (assuming the mean age of HN commenters as 30-40).
TL;DR: The fascism is back.
inigyou 4 hours ago
Germany is not fascist. It strongly supports Israel.
Batman8675309 3 hours ago
jijijijij 3 hours ago
I think especially in the US it presents as fascism, and the AfD clearly models itself to their image, but fundamentally I think it's globally rather an anti-democratic, social-darwinistic oligarchy. Nothing in current German politics could be described as "ultra-nationalistic" or pushing a personality cult, but rather as semi-opaque sell-out of the country. I think it presents as fascism, but it's more opportunistic and not as ideologically driven as it's been in the past.
Look, Thiel is gay, Weidel is gay, Spahn is gay and they all push anti-LGBT policies globally. They are cynic, self-absorbed, "got mine" psychopaths. They don't feel better because they are white or German, but because they got power, influence and wealth. I almost wish they were nationalists or had an honest concern for any share of the general population. Their politics wouldn't be as destructive. Instead they are building bunkers.
Some make the argument, capitalism needed democracy facing the soviet authoritarian system enemy of the past, but now this freedom and participation has become a weakness in current corporate geopolitics. China has shown, you can have "the best" of both worlds. I personally think, it's just the logical consequence of wealth centralization and inequality we allowed to happen.
The question is ultimately, what kind of culture makes a people, really. Do they deeply identify as free citizens or serfs? For example, the Russians never had a bottom up revolution or systemic change, I don't expect them to rise up no matter the suck. The US is difficult to judge, because of the racial divide and red scare brainwashing era preventing post-war revolutionary tradition found across Europe. They are still very influenced by dogma and repressed emotions. Things are pretty bad and they haven't done shit, so I am afraid they will bow to the suck.
Here in Germany, I don't know. People, grew up learning there is a time for just violence. Looking at past gigantic anti-AfD demonstrations, I am hopeful, if it has to be done, it will get done. I hope there is a large enough share of the population which will make any fundamental power change unsustainable. Right now, people are in shock and still cling to their old realities, but something is brewing already. The generational injustice helps. Then again, large parts of the population are evidently fucking idiots and senile got-mines.
snowpid an hour ago
Sorry this is more an effect of your social media consumption .
I don't deny the problem the country is facing but your doom is multiplied by social media.
Touch some grass, maybe pay for traditional media and you get a view of the trade offs the government is facing. It doesnt mean you have to agree with the choice but you know...
" Industry and trade associations aren't happy either, which raises the question who asks for this? " A comprise is good if everyone involved is unhappy.
" As a German citizen let me tell you, the rate of decline this country is in is truly shocking. " Just let you know. Most AfD members share your sentiment. Maybe you should qquestion this feeling.
u8080 5 hours ago
When you are leading manufacturing power in region and loosing markets to China while allowing external powers to destroy your energy supplies(banning nuclear and blowing Nord Stream 2).
No political bullshit will help with objective reality, being it rightoids who promise "optimizing" social spendings(while leaching on corruption) or leftoids who want to tax the rich(which will just drive factories and businesses to Poland/China/etc).
Paradigma11 3 hours ago
The destruction of Northstream 2 had no effect at all on the energy supply to Germany. The remaining capacity to Russia was never used over 50%, if that. Considering Russia intentionally drove up prices in the months leading up to the invasion and even rented storage capacity to keep it empty to better blackmail, there never was a sane argument for keeping the gas imports from Russia going.
u8080 3 hours ago
inigyou 4 hours ago
You could end the practice of land rent. This would encourage productive activity instead of treading economic water.
u8080 3 hours ago
philipwhiuk 6 hours ago
I'm not really sure I buy the alarm on restricting FoI requests to German citizens and EU citizens in Germany.
Should a random US citizen be able to ask a random Germany government official for data? Why?
episodeiv 6 hours ago
It's not just foreign nationals that would be barred from issuing requests but non-profit organizations as well. Also, the cap on fees would be eliminated, further increasing the barriers for people wanting to issue requests.
rjmunro 5 hours ago
Is there any material difference between a non-profit asking and people who work for the non-profit asking? Is the maker of the request made public or something?
It sounds like the organizations thing might just be to stop foreign nationals using that as a workaround.
LauraMedia 5 hours ago
inigyou 5 hours ago
PurpleRamen 6 hours ago
The problem is not to restrict it to German citizens, but removing it for everything which is not a citizen, like civil rights organizations, environment organizations, and everyone else who has a legit interest to check on the governments work.
Aeolun 5 hours ago
Civil rights organisations are staffed by citizens. What is the problem here?
PurpleRamen 4 hours ago
skinfaxi 6 hours ago
What is the rationale to restrict it to citizens? Do you prefer a more open or more closed society?
andsoitis 6 hours ago
The US and UK let anyone in the world file a request, regardless of citizenship.
Countries that don’t usually rationalize: government is answerable primary to those it governs and taxes, limit flood of requests, some laws only extend rights to citizens of countries that offer similar rights back, worry that other governments could use it as low cost intelligence gathering, harder to charge or pursue fees.
inigyou 5 hours ago
throw1234567891 6 hours ago
Define society. Is some dude in the USA, or UK part of the German society?
skinfaxi 6 hours ago
interloxia 6 hours ago
How about the us citizen who is a permanent resident in Germany? German family? Business partners?
igl 6 hours ago
This is a minor point. It gives the government broad power to reject any request, associations and media outlets are excluded, it costs more and the mandatory REDACTION OF NAMES is undercutting accountability completely.
Yea, I don't give a shit wether only citizen should be able to request data.
inigyou 5 hours ago
The politicians' names are mandatorily redacted, but the requestor's name is mandatorily not redacted. Very convenient, really.
vintermann 6 hours ago
It excludes organisations and increases fees. So, if say Amnesty or Greenpeace (two NGOs opposing this act) want to FoI something, they have to get a German citizen to do it for them, possibly at considerable expense - and you bet if they try to compensate them, it'll be "foreign interference" and an excuse for suppression.
Like GDPR, the existence of FoI laws give government agencies a reason to develop systems to quickly and effortlessly give people the access they're entitled to. Given the existence of such systems (analogous to the "data takeout" systems businesses must have for PII), giving access to foreigners as well should be unproblematic. It's supposed to be public information in the first place, roadblocks have no place.
mhh__ 2 hours ago
It doesn't feel nice to say but hearing from people I know who work in politics just how much the prospect of having to disclose something changes behaviour (in what people say but also where they say it) I'd be in favour of some moves like this in Britain.
There is obviously a very good reason for transparency but I think the full extent of FOI is basically like asking if someone is wearing trousers on a call