Open Records Laws in Germany

Response Timeline

Access must be granted "without undue delay" (unverzueglich) and "if possible within one month" (nach Moeglichkeit innerhalb eines Monats) per Section 7(5). There is no formal extension mechanism, but third-party consultation under Section 8 gives the third party one month to respond, effectively extending the timeline. If the authority fails to act, the applicant may file an Untaetigkeitsklage (action for failure to act) after 3 months under Section 75 VwGO.

Section 1(1) grants the right to "everyone" (jeder). No citizenship, residency, or nationality requirement. Foreign nationals, non-residents, and legal persons (companies, organizations) may all file requests. No obligation to state a reason for the request.

How to Submit a Request

Accepted Methods

• Mail
• Email
• Phone
• In person
• Online

Requests can be submitted in writing, electronically (email), or verbally (including by telephone). No specific form is required. Each authority handles its own requests -- there is no centralized government portal. FragDenStaat.de (https://fragdenstaat.de/en/) is the primary third-party platform, with 250,000+ requests filed by 130,000+ users. It forwards requests to the responsible authority via email and publishes responses publicly.

Required Elements

• Identification — Name and contact information of the applicant
• Description — Description of the information sought, sufficiently precise for the authority to identify the records
• Authority — The request must be directed to the authority that holds the information (Section 7(1))

Optional Elements

• Legal citation — Citing 'Section 1 IFG' is helpful but not required
• Cost estimate request — The BfDI recommends requesting a cost estimate in advance to avoid unexpected fees
• Preferred format — Specify preferred form of access (inspection, copies, electronic)

Fees

Fees must be set at a level that does not prevent effective exercise of the right to information (Section 10). Simple oral and written requests with few copies are free. More complex requests incur administrative fees ranging from EUR 30 to EUR 500 (maximum cap). Copy expenses (Auslagen) are charged additionally. The BVerwG has ruled that fees must not have a "deterrent effect" (abschreckende Wirkung) on exercising the right to information.

Fee Waivers

• {'name': 'Equity (Billigkeit)', 'waives': ['partial_fee'], 'category': 'discretionary', 'criteria': ['Financial hardship of the applicant', 'Other equitable considerations'], 'how_to_apply': 'Request reduction when submitting the request; fee may be reduced by up to 50%'}
• {'name': 'Public Interest', 'waives': ['partial_fee'], 'category': 'discretionary', 'criteria': ['Information serves the public interest'], 'how_to_apply': 'State the public interest grounds in the request; fee may be reduced by up to 50%'}
• {'name': 'Complete Waiver (Special Cases)', 'waives': ['full_fee'], 'category': 'discretionary', 'criteria': ['Special circumstances (besondere Faelle) as determined by the authority'], 'how_to_apply': 'Request waiver with justification'}

For reasons of equity or public interest, fees may be reduced by up to 50%. In special cases, fees may be waived entirely. The BfDI recommends requesting a cost estimate before the authority begins processing to avoid unexpected charges.

Exemptions

• International Relations
  Disclosure could have adverse effects on international relations
• Military and Bundeswehr Security
  Disclosure could affect military and other security-sensitive interests of the Bundeswehr (Federal Armed Forces)
• Internal or External Security
  Disclosure could affect internal or external security interests
• Financial and Regulatory Supervision
  Disclosure could affect control or supervisory tasks of financial, competition, and regulatory authorities
• External Financial Control
  Disclosure could affect matters of external financial control (audit)
• Foreign Trade Protection
  Disclosure could affect measures to protect against illicit foreign trade
• Pending Proceedings and Investigations
  Disclosure could affect conduct of pending court proceedings, a person's right to a fair trial, or criminal/disciplinary investigations
• Public Safety
  Disclosure could endanger public safety (oeffentliche Sicherheit)
• Confidentiality of International Negotiations
  Disclosure would impair the necessary confidentiality of international negotiations
• Inter-Authority Consultations
  Disclosure would impair inter-authority consultations (Beratungen von Behoerden)
• Statutory Secrecy Obligations
  Information subject to a statutory secrecy obligation, professional secret, or special official secret
• Fiscal and Social Insurance Interests
  Disclosure could harm fiscal interests of the Federal Government or economic interests of social insurance institutions
• Information Received in Confidence
  Information received in confidence from a third party, where the third party's interest in confidentiality persists
• Intelligence Services (Complete Exclusion)
  Requests directed at intelligence services (BND, BfV, MAD) or authorities performing security clearance tasks are completely excluded from the Act
• Deliberative Process / Decision-Making
  Drafts of decisions and preparatory work, insofar as premature disclosure would frustrate the success of the decision. Qualified exemption (soll-Vorschrift). Evidence-gathering results and expert opinions generally do not qualify.
• Personal Data (Privacy)
  Access to personal data only when applicant's information interest outweighs the third party's privacy interest, or with explicit consent. Special categories of personal data (health, religion, etc.) require explicit consent -- no balancing test.
• Intellectual Property and Trade Secrets
  Access not permitted where it would compromise intellectual property. Access to trade and business secrets requires consent of the affected party -- absolute exemption with no balancing test.

Exemptions are spread across Sections 3-6. Section 3 contains 8 numbered grounds protecting public interests (with multiple sub-grounds under Nr. 1 and Nr. 3). Section 4 protects deliberative processes (qualified exemption). Section 5 protects personal data (balancing test, except for special categories requiring consent). Section 6 absolutely protects intellectual property and trade secrets (consent required, no balancing). Intelligence services (BND, BfV, MAD) are completely excluded under Section 3 Nr. 8. There is no general public interest override across all exemptions.

Appeal Process

Three remedy paths: administrative objection, BfDI complaint (advisory only), and administrative court. The BfDI complaint is non-binding and does not suspend court deadlines, so it is best used in parallel with formal remedies. The Untaetigkeitsklage (action for failure to act) after 3 months of inaction is a particularly useful tool, as it allows court action without first filing a Widerspruch. Germany follows the loser-pays principle: if the requester wins in court, the government pays statutory attorney fees and court costs.

Request Templates

Records Retention

BArchG vom 10. März 2017 (BGBl. I S. 410)

View retention law →

Retention schedule catalog →

Federal authorities must offer their files to the Federal Archives for archiving after 30 years at the latest. The 2017 act replaced the original 1988 law, shortening personal data protection periods and modernising access rules.

Sources & References

• Full text of law →
• Primary source →
• IFG Official German Text →
• IFG Fee Ordinance (IFGGebV) →
• BfDI - Freedom of Information →
• BfDI Ombudsman Function →
• FragDenStaat →
• RTI Rating - Germany →