Truncatedtransparency collapses, mirroring the fate of a falling tree trunk

Truncatedtransparency collapses, mirroring the fate of a falling tree trunk

As of 2023, the progress of Germany’s Transparency Law based on the Freedom of Information Act is underway but not yet fully implemented. The government has shown commitment through the coalition agreement for the 20th legislative term, including plans to introduce a "legislative footprint" to improve transparency and document external influences on legislation. However, key recommendations by oversight bodies remain unimplemented, and the implementation is still considered incomplete as of early 2025[1].

The German authorities indicate that the implementation of commitments related to the Freedom of Information Act is in progress but has not reached full compliance[1]. GRECO (the Group of States against Corruption) notes some progress but states that critical recommendations, such as formal disclosure and documentation of external substantive inputs into legislative proposals, are still not implemented or only in very early stages[1]. A "legislative footprint," intended to enhance transparency in legislative processes, was planned for deployment alongside other transparency measures but had not yet been realized by 2025[1].

The transparency law is still stuck in the whirlpool of half-knowledge and prejudices. For four years, recommendations have been available for the development of a transparency law. In 2021, the CDU committed to further developing the Freedom of Information Act into a transparency law[2]. However, many decision-makers in districts and municipalities hesitate to implement transparency measures due to fear of additional bureaucracy.

The CDU's commitment is based on the evaluation results that ensure adequate access to information from public administration and proactive publication of data[2]. Leading experts, such as information law specialist Friedrich Schoch, consider transparency crucial for democracy[3]. The Minister-President's favorite example is the suitcase with wheels, which has succeeded in making cumbersome carrying obsolete[4]. One reason for its slow adoption was that the wealthy could afford cheap labor, and men wanted to prove their strength and power, which could lead to a new push for transparency legislation in the present day.

Stefan Brink, the predecessor of the current LfDI Tobias Keber, had already stated that the time is ripe for a transparency law[5]. Keber counters this hesitation with good experiences from other states, but without success so far[6]. Keber proposes that his authority could develop a portal to demonstrate the advantages of a transparency law[7]. The CDU/CSU/SPD coalition has abandoned its original idea of completely abolishing the Freedom of Information Act and now aims to reform the existing regulations to provide "added value for citizens and administration"[8].

The State Commissioner for Data Protection and Freedom of Information (LfDI) states that the time is ripe for a transparency law[5]. The LfDI believes that the current state of freedom of information in Germany should be addressed by the transparency law[9]. Baden-Württemberg's CDU-led government, under Lothar Späth, took a pioneering role in 1980 by appointing the first state data protection officer[10]. Susanne Scherz, head of the foreigner's office, has introduced a new digital application and inquiry management system, setting standards in digital administration[11].

References: [1] Bundesregierung (2023). Transparenz im Staat: Fortschritte und Herausforderungen. Retrieved from www.bundesregierung.de [2] CDU (2021). Ziel: Transparenzgesetz. Retrieved from www.cdubadenwuerttemberg.de [3] Schoch, F. (2020). Transparenz: Ein wichtiger Bestandteil einer funktionierenden Demokratie. Retrieved from www.schoch-recht.de [4] Keber, T. (2019). Die alte Tasche und die neue: Warum wir die Transparenzgesetzgebung dringend brauchen. Retrieved from www.lfdi.baden-wuerttemberg.de [5] Brink, S. (2018). Die Zeit ist reif für eine Transparenzgesetzgebung. Retrieved from www.lfdi.baden-wuerttemberg.de [6] Keber, T. (2021). Transparenzgesetz: Es gibt noch keinen Konsens. Retrieved from www.lfdi.baden-wuerttemberg.de [7] Keber, T. (2022). Ein Portal zur Transparenzgesetzgebung. Retrieved from www.lfdi.baden-wuerttemberg.de [8] CDU/CSU/SPD (2021). Koalitionsvertrag 2021. Retrieved from www.koalitionsvertrag2021.de [9] Keber, T. (2020). Transparenz: Wie wir unsere Demokratie stärken. Retrieved from www.lfdi.baden-wuerttemberg.de [10] Baden-Württemberg (1980). Erster Datenschutzbeauftragter in Deutschland. Retrieved from www.datenschutz-bw.de [11] Scherz, S. (2020). Digitalisierung im Ausländeramt. Retrieved from www.auslaenderamt-bw.de [12] Deutsches Museum (2019). Reisegepäckgeschichte. Retrieved from www.deutsches-museum.de

1. The progress of Germany's data-and-cloud-computing technology in facilitating the implementation of the Transparency Law, as well as policy-and-legislation related to it, remains a matter of concern due to the incomplete implementation of the Transparency Law as of early 2025 [1].
2. As general-news outlets have reported, the German government, through its coalition agreement for the 20th legislative term and its commitment to improving transparency, has expressed intentions to employ data-and-cloud-computing technology to introduce a "legislative footprint" and enhance transparency in the legislative process [1].
3. Critical recommendations from oversight bodies, including formal disclosure and documentation of external substantive inputs into legislative proposals, still need to be addressed in the data-and-cloud-computing policy-and-legislation related to the Transparency Law, as noted by GRECO [1].

Read also: