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Requests for Information Under the Freedom of Information Act: What the Reform Might Change

The planned IFG reform could restrict the right to access information—which is important for investigative journalism and the media.

The Freedom of Information Act grants access to federal government information—so far, generally without requiring proof of a specific interest. However, the federal government’s planned reform could significantly restrict this right. For journalists, media professionals, and industries that rely on information, this raises the question of how research will remain possible and financially viable in the future.

Who is allowed to request information today?

Under Section 1 of the Federal Freedom of Information Act (IFG), everyone is generally entitled to access official information held by federal agencies. Applicants do not need to be personally affected nor do they need to explain why they need the information. Companies, associations, and other legal entities may also submit requests. Nationality and place of residence are generally irrelevant.

The Federal Freedom of Information Act (IFG) applies in particular to federal ministries and federal agencies. For state and local authorities, however, the freedom of information or transparency laws of the respective state apply. Their provisions may differ from federal law.

What government information is available?

Official information is any record used for official purposes. This includes, for example, files, contracts, expert opinions, emails, statistics, images, and electronically stored data. Personal notes and drafts that are not intended to become part of an official proceeding are generally not included.

However, the agency is only required to make existing information available. It is not obligated to create new documents or analyses. The request should therefore specify as precisely as possible which documents or records are being referred to.

Under what circumstances may a government agency refuse to provide information?

Access to information is not unlimited. A government agency may or must withhold information if conflicting public or private interests take precedence. Among other things, internal and external security, ongoing administrative decision-making processes, and personal data are protected.

Trade secrets and business secrets may also preclude disclosure. Under the Federal Information Freedom Act (Bundes-IFG), access to such information is generally permitted only if the company in question consents. However, a mere confidentiality agreement does not automatically classify all documents as trade secrets.

If only certain pieces of information are protected, partial disclosure with redactions is often an option.

Procedures, Deadlines, and Costs

An IFG request can generally be submitted informally, such as by email. The information should be made available promptly and, as a rule, within one month. The process may take longer in the case of extensive requests or when affected third parties are involved.

Simple inquiries are free of charge. For more complex procedures, costs may apply in accordance with the applicable fee regulations. As a precaution, applicants should request a cost estimate for extensive research.

Proposed Reform: Higher Barriers for Information Requests

On July 2, 2026, the governing coalition announced that it would in the future limit the right to information to individuals with a “legitimate interest” who cannot already obtain the desired access through other regulations. In addition, consideration is being given to limiting this group to German citizens and EU citizens residing in Germany. The names of government employees are to be redacted as a matter of principle, and fees are to be aligned more closely with the cost-recovery principle. No specific draft legislation has been presented yet.

For media outlets and information-dependent companies, it would be particularly significant that legal entities might no longer be able to submit their own requests. Newsrooms, publishers, research organizations, and associations would then have to submit requests through individual persons, if necessary. Furthermore, demonstrating a legitimate interest could trigger additional justification and review procedures. Higher fees could make extensive research particularly difficult.

Transparency remains essential for research

The IFG is an important tool for understanding government decisions and scrutinizing matters of public interest. The announced reform is not yet law. Journalists and companies can therefore continue to file requests under the existing requirements. The extent to which access to information will change in the future depends on the specific provisions of the law.

Does an IFG request have to be substantiated today?

Generally speaking, no. Under the Federal Information Freedom Act (IFG), there is currently no requirement to demonstrate a specific legal or personal interest.

Can an editorial office submit an application?

Yes. Under current federal law, legal entities may also request access to information.

Can a government agency refuse to release documents entirely?

Only if a statutory ground for exclusion applies to the entire set of documents. If protected information can be redacted or removed, there may be a right to partial access to the information.

What can you do if your application is rejected?

Depending on the circumstances, options may include filing an objection, bringing a lawsuit before the administrative court, or filing a complaint with the Federal Commissioner for Data Protection and Freedom of Information.

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Florian Wagenknecht

Specialist lawyer for copyright and media law

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Kostenloser Newsletter

Aktuelle Urteile, Praxistipps und neue Folgen aus Marken-, Urheber-, Medien- und Wettbewerbsrecht. Kompakt per E-Mail.

Double-Opt-in. Abmeldung jederzeit über den Link in jeder E-Mail.

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