auf Deutsch über gleiches Thema

From: wkeim@broadpark.no [walter.keim@gmail.com]
To: [intl_foia@mailman.epic.org]
Sent: 20. March 2005
Subject: [Intl_FOIA] Hearing about Freedom of Information Law in Germany

A Freedom of Information Law has been promised since 1998.  

The Petition of 21. December 2001 on Freedom of Information suggests that the parliament should take the initiative. I appreciate that the Committee of Petitions supported this petition on 1. Decemer 2004. The vote by coalition parties and FDP (Free Democratic Party) says that the government has to take the petition into account. On 16. December 2004 the federal parliament approved this (BT Drucksache 15/4426). (English translation here)

The president of the German parliament send the Petition 22. December 2004 to chancellor Schröder.
An answer should have been given within 6 weeks, but I did not receive it up to now.

The government did not propose a law to parliament, therefore the parliamentary parties proposed their own draft to parliament
in December 2004: http://www.heise.de/english/newsticker/news/54286  

The draft law was translated to English and can be downloaded here:
http://www.informationsfreiheit.info/en/drafts/ and comments are published here: http://www.informationsfreiheit.info/de/gesetzesentwuerfe/bund/ . 

The parliament has invited all interested in the subject to give comments. 14 March 2005 a hearing is taking place:
http://wkeim.bplaced.net/files/ifg-hearing.htm with Information and Data Commissioner of Brandenburg (Dr. Alexander Dix),
Greenpeace (Dr. Manfred Redelfs), Transparency International (Dr. P. Eigen) and the Parliamentary Ombudsmann from Sweden.

The Parliament Bundestag plans to debate and finalize the law on 13 May 2005.
 
The draft law seems to need improvements to meet international standards. There are too much exceptions, which can be used by administration to deny access.  

Sincerely,  

Walter Keim

OSCE will monitor access to public documents: http://wkeim.bplaced.net/files/osce-050106.htm
Who invites the Human Right Commissioner to Germany?: http://wkeim.bplaced.net/files/coe-031128.htm
Why are Patients Rights insufficient? : http://wkeim.bplaced.net/accusation.htm    

List of appendices:

• FOI draf law 17. December 2004: http://wkeim.bplaced.net/files/FOI_Ger_1204.pdf
• Dokumentation of the change made by parliament: http://wkeim.bplaced.net/files/foia_germany_final_june05_track.pdf
• Final text of FOI law: http://www.gesetze-im-internet.de/englisch_ifg/freedom_of_information_act.pdf

Copy: CoE, OSCE

PS:

• 11 May 2005: The debate planned 13 May 2005 has been stopped. 
• 24. May 2005: According to berlinonline.de the law will not be given, because chancellor Schröder wants new elections in autumn 2005.
• 3. June 2005: Federal parliament Bundestag votes for FOI law, but Senate (Bundesrat) can still stopp the law.
• 8. June 2005: Press reports that Bundesrat wants to stopp the FOI law.
• 8. July 2005: The parliament (Bundestag and Bundesrat) adopt a Freedom of Information law.

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