Right to freedom of information

Where disputes frequently arise is over the numerous exemptions. Authorities regularly argue for a need to protect vital public interests and claim that disclosure of such information could pose a public safety risk. Another frequent argument for exemption relates to the protection of personal data where the interests of the applicant in accessing the information must always be weighed up against the interests of third parties in confidentiality or consent must be obtained from the third party in question. No less often, authorities invoke the protection of intellectual property or of the trade and business secrets of third parties. In our experience, authorities tend to interpret these rules on exemptions very broadly, with the result that issues around the correct scope of the access requested frequently land in front of the administrative court. Time and again, the files and information requested are only released with extensive redaction, with the argument that this is in the interests of safety and confidentiality. This, too, can unlawfully curtail the applicant’s right to access information freely.