Welcome to the freedom of information

On 1 September 2025, a new era has begun: the Freedom of Information Act (Informationsfreiheitsgesetz - IFG) and accompanying regulations came into force.

So, will the state now become "transparent"? In a sense, yes – but, state institutions and public enterprises can (continue to) withhold information on the basis of legitimate interests in confidentiality.

The long road to freedom of information

Official secrecy (Amtsverschwiegenheit) has a centuries-long tradition in Austria. It was also embedded in the Federal Constitutional Act (B-VG) in 1925. From the 1980s onwards, federal and provincial disclosure laws brought about a "tentative opening," but the push for transparency was still slow in coming. This did not even change when Germany introduced a freedom of information act in 2005. In the 2010s, official secrecy as a guiding principle of Austrian administrative bureaucracy came under increased criticism, leading to legislative initiatives in 2014 and 2015. After years of stagnation, the turquoise-green government (coalition of Austrian People’s Party (ÖVP) and Austrian Green Party) agreed on a minor reform in 2023: since 1 January 2023, local authorities have been required to publish studies, expert reports and surveys (including costs) commissioned by them, unless confidentiality must be maintained for specific reasons.

In February 2024, a package of laws on freedom of information was finally passed. We have already reported on this (Freedom of information in Austria).

Nevertheless, Austria still ranks in the lower midfield of all countries in the "Global Right to Information Rating" (see the report on Austria here). But this may also be due to the evaluation methodology?

Further developments since February 2024

A lot has happened since then. There is already extensive literature on the subject. I have expressed my critical views on public companies in the information trap and we have also provided advisory services to various government-related clients in preparation for the IFG.

Federal and state legislators have had to adapt a large number of substantive laws to the new freedom of information law. The transparency database is being upgraded, as all state subsidies exceeding EUR 1,500 must be published, unless they go to private individuals.

The platform data.gv.at was set up as an information register.

The state is attempting to provide guidance to the obligated parties and those who are entitled to information.
For example, there is:

• a circular from the Federal Chancellery dated 10 January 2025
• a guide from the Data Protection Authority on the Freedom of Information Act dated 30 June 2025
• a circular from the Data Protection Authority dated 13 August 2025

What next?

We expect to see many requests for information in the initial phase. It will be interesting to observe how the obligated parties position themselves and to what extent and at what speed the paradigm shift from official secrecy to freedom of information actually becomes reality.

Please note: This blog is for general information purposes only and in no way constitutes legal advice from Binder Grösswang Rechtsanwälte GmbH. The blog cannot replace individual legal advice. Binder Grösswang Rechtsanwälte GmbH accepts no liability of any kind for the content and accuracy of the blog.