Criticism of the new information law: violation of opposition rights?

Criticism of the new information law: violation of opposition rights?

On June 26, 2025, an intensive debate about the planned Freedom of Information Act took place in the Vienna Landtag, which is due to come into force from September 1, 2025. Strin Mag. Ulrike Nittmann from the FPÖ criticized the proposed changes in Vienna Landesrecht in this context. In these changes, she sees a "circumcision" of the municipal council's right to interpellate and an "elimination of the opposition". In their opinion, the mandates were not sufficiently integrated into the process, although a change in the city constitution is imminent. Nittmann also expressed concerns that the right to information from the individual municipal council should pass to the college of the local council.

The chairman of the Vienna municipal council, LAbg. Mag. Thomas Reindl from the SPÖ, defended the innovations and emphasized the obligation to disclose information. He pointed out that Vienna was already well positioned in terms of transparency and emphasizes that relevant information is made accessible online. He also mentioned that the law includes both proactive publication obligation of information and a fundamental right to access to information, with both information obligations subject to certain confidentiality obligations.

discussion about transparency and confidentiality

Reindl also criticized the opposition, especially the ÖVP and the Greens, for their polemical statements and alleged confusion. He emphasized that the applicable legal situation has already regulated the protection of sensitive information and warned of the consequences of an application by the Greens, which could endanger sensitive information. LAbg. David Ellensohn also said about the Greens and demanded that confidentiality obligations should not apply to members of the state parliament. He criticized the draft law as an attempt to further restrict the rights of MPs.

LAbg. Dr. Michael Trinko (SPÖ) assured that the opposition's rights would not be circumcised and referred to existing regulations. LAbg. Harald Zierfuß from the ÖVP also recalled earlier restrictions on opposition rights and demanded approval to an amendment for the Greens. Ultimately, however, the change application did not find a majority and the draft law was accepted in the first and second reading with votes from SPÖ and Neos.

expectations of the new law

The new Freedom of Information Act is intended to adapt state law to federal law and is part of a long -term process that began in 1925 with the Federal Constitutional Novel to the official secret. Reindl emphasized that the law should strengthen trust in the administration and the rule of law. Justice Minister Alma Zadić described the law as a "transparency turbo" and expects a significant improvement in transparency in administration.

In a panel discussion about freedom of information in parliament, other experts also expressed their opinions and expectations of the new law. National Council President Wolfgang Sobotka and Minister of the Constitution Karoline Edtstadler were optimistic that two thirds of the MPs will agree to the draft law. Nevertheless, some experts, including legal scientists Christiane Wendehorst, referred to the risk that data protection could in future act as a new official secret, which would limit access to information. Markus Hametner from the Freedom of Information forum also expressed concerns about the lack of consequences for authorities that make access to information inadmissible.

Overall, it remains to be seen how the discussion about the new Freedom of Information Act will develop and whether the planned regulations actually lead to more transparency in the government apparatus.