The freedom of information law, which has become necessary for the new, which has become necessary from 1 September Federal Council The last parliamentary hurdle and were largely approved. Among other things, state grants that do not go to private individuals must be published in the transparency database from September from a threshold of 1,500 ꞓ.
The Federal Council decided: In addition, an adaptation of the Federal Council’s rules of procedure to the legal situation in terms of freedom of information from September 1. They also granted their approval to a amendment to the Information Ordinance Act and the parliamentary employee law. Both decisions fell unanimously.
In addition, against the votes of the FPÖ – has a new one Data access law the Federal Council happens. In the implementation of an EU regulation, the access of researchers: inside and companies into protected public data is to be facilitated. For this purpose, a central information center will be set up in the Federal Chancellery.
Adaptation of numerous laws to the new fundamental right to information
In the run -up to the entry into force of the Freedom of Information Act on September 1, numerous laws are to be adapted to the new legal situation, from the official liability law to the Epidemic Act to the Economic Economic and Organization Act. The primary concern is to delete the concept of official conflict from the individual laws and to implement the new constitutional requirements. In this context, individual reporting obligations are also regulated and data protection regulations are adapted. On applicable confidentiality obligations – for example for doctors: inside or lawy: inside – it is not shaken. The legislative package in the Transparency Database Act provides for major changes. From September, it is planned to make all government subsidies that go public in the transparency portal, if they are above the threshold of 1,500 ꞓ. It is also planned to expand the database of the database with all kinds of tax relief. Data is also permitted if the abuse of funding is suspected.
In the Criminal Code, the criminal offense “violation of official secrecy” is replaced by the new punishment “violation of a duty to maintain confidentiality”, with the threat of punishment remains up to three years. Some of the projects that are not related to the freedom of information also contain the extensive collective oversy: In the future, nursing courts should be informed of the introduction of criminal investigation and the transition into agricultural schools should be enabled. The Collecting nois was just as much approved as two amendments presented from the package separately with changes in Banking law and im Educational Directorate Institute Act .
Debate about freedom of information
State Secretary Alexander Pröll saw an important step in the direction of openness and transparency. This is associated with a new understanding of the administration and the public as well as a new culture of transparency.
It would have been appropriate to prescribe the proactive publication obligation to all congregations – and not only those of 5,000 inhabitants: inside, said Werner Gradwohl (FPÖ/ST). In this way, the “local emperors” could continue to switch and act at will. In addition, Gradwohl was a deterioration in the legal situation in the publication of studies, expert opinion and surveys that were commissioned by the public sector on request.
Herbert Kober (FPÖ/ST) demanded “real transparency” and a “real unbureaucratic information of the citizens” and criticized the now regulation as a “alibine network”. In this way, the torture is formally deleted from the constitution, but in practice it is replaced by exceptions and spongy provisions.
The information is given to the rule and the confidentiality, however, explained Franz Ebner (ÖVP/OÖ). He saw it a step towards more transparency, closeness to the citizen and towards more open administration. This would strengthen trust in the administration, he was convinced. Christoph Thoma (ÖVP/V) welcomed a milestone for “real transparency and future policy” and asked the liberal to “constructive proposals”.
Christoph Matznette (SPÖ/W) also saw a paradigm shift and a milestone that enables transparency for citizens: the parliamentary right of interpellation and contributes to combating corruption.
It was a milestone that the official secret was one of the last in Europe, emphasized Elisabeth Kittl (Greens/W). With the idea of an open and modern administration, however, it cannot be reconciled that files that arise in ministries only with the consent of the former officials: can be viewed inside, Kittl criticized. For example, members of the federal government would currently have to hand over their documents to the State Archives after leaving the office. This document will then remain sealed between 25 and 30 years. By means of a motion for a resolution, which remained in the minority, Kittl wanted to ensure that archive law was also adapted to freedom of information.
Sandra Jäckel (FPÖ/V) criticized the cult report of the Federal Office for Sect questions as “ideologically charged denuncant catalog”.
Adaptation of the rules of procedure of the Federal Council
With the Amendment of the rules of procedure of the Federal Council If the Federal Council: Inside the fact that the obligation to actively publish information from general public interest from September applies not only to administration, but also to the area of legislation. With regard to the Federal Council, the respective Federal Council President will be responsible for this, with consultation with the members of the Presidential Conference in fundamental questions. The information – analogous to the provisions for the National Council – is to be published on the Parliament website. In addition, the information regulation law and the parliamentary employee and parliamentary employee Act are also amended : It is primarily about terms and the guarantee that confidential and secret documents that the parliament receives can continue to be classified accordingly. (Conclusion Bundesrat) PST/GS
Note: Sessions of the National Council and the Federal Council can also be followed by Livestream and are as video-on-demand in the Parliament media library available