Access to Information as a fundamental, constitutional right

Thank you for the opportunity to contribute to this important discussion.

We are witnessing a challenging moment for access to information around the world. In many countries, fundamental rights to information are being restricted or reinterpreted – sometimes subtly, sometimes overtly. National security, administrative burden, and the fast pace of digital transformation are often used as justifications to roll back transparency.

But this is not just happening elsewhere. We, too, in Germany are feeling the pressure at the national level.

During our recent coalition negotiations in Germany, there was a real threat that our Freedom of Information Act (the IFG) might be abolished. This sent shockwaves through the journalistic community and civil society – and rightly so. But something remarkable happened: the public responded. Journalists, NGOs, academics, and everyday citizens spoke out loudly and clearly in favor of retaining and strengthening access to information. This public pressure played a crucial role in keeping the German Federal Freedom of Information Act alive. That gives us hope. It shows that people do care. They understand that transparency is the foundation of a functioning democracy.

But preserving what we have is not enough. We must go further. We need a bold vision for the future of access to information.

With a new legislative cycle and a new ministry in place, we now have a unique opportunity to rethink and redesign the way access to information works.

Let me outline what that future could look like:

• End-to-end digital processes: From digital files to e-archives, we must move beyond outdated paper-based systems. If information is born digital, it should be accessible digitally.
• AI-assisted document analysis: Intelligent tools can support administrations in identifying and preparing documents for disclosure. This could significantly reduce the time and cost currently associated with information requests—and eliminate the need for burdensome fees.
• Embedding access to information in the broader agenda of state modernization: Rather than being a bureaucratic add-on, freedom of information should be a driving force for making public administration more open, efficient, and user-friendly.

Let me offer a contrasting example. We continue to see cases where FOI requests cannot be fulfilled – not because of unwillingness, but because the requested documents are locked away in physical archives, scattered across departments, or need to be reviewed manually page by page. That is not sustainable.

Access to information should no longer be seen as a burden, but as an opportunity – to build trust, improve governance, and foster innovation.

Finally, one point that is especially close to our hearts: early involvement in the legislative process. As information commissioners and advocates, we must – and we want to – be seen not only as watchdogs but as partners in shaping better laws. Transparency should not come as an afterthought – it must be part of the DNA of any new regulation or reform.

In closing, I do believe there is a future for ATI. But only if we actively shape it. The tools are there, the public support is there. What we need now is political will – and the courage to think big.

Thank you.

What are the main obstacles to ATI, including legal restrictions, political interference, and budget cuts?

 Firstly, we need to look at five individual factors

1.       Legal and Policy Reforms

• Fortunately, several sovereign states have decided to create freedom of information laws. Compared to 2015, there are around 1/3 more countries with corresponding laws.
• Some governments have improved enforcement through independent information commissions.
  
  

2.      Integration into Sustainable Development Goal 16,10

• UN Sustainable Development Goal 16.10 explicitly promotes public access to information. This inclusion has driven global monitoring and policy reform efforts.
  
  

3.       Digital Access and E-Government

• More and morge Countries open government data portals.
• On the other Hand machine – readable formats and APIS have made date more usable for citizens, researchers and Journalist
• Over the last 10 years, more and more people around the world have access to the Internet.
• Mobile internet has played a vital role in low-income and rural regions.

4.      Civic Tech and  Innovation

• Civic platforms (e.g., Alaveteli, OpenStreetMap, Ushahidi) have empowered communities to demand transparency.
• Furthermore chatbots, AI, etc. can be used to make public information more searchable and understandable.

5.      Regional and International Cooperation

• UNESCO and other agencies support training, monitoring and technical Assistance worldwide, especially in the global South
  
  

We can state the following:

Progress in the last decade has been real and measurable:

• More people are legally and practically able to access government-held information.
• Technology has helped bridge some access gaps.
• Global cooperation and monitoring mechanisms have improved.

But there are still Challenges, to list a few:

• Digital divides persist – especially among marginalized groups.
• Disinformation, censorship, and Internet shutdowns threaten meaningful access.
• Some governments implement RTI laws poorly or delay responses.

But I am confident that we can meet these challenges. Events like this help us to analyse the situation and take the necessary steps to make further improvements.

What role does digitization play in advancing or restricting access to public information?

I strongly believe that digitization is one of the greatest opportunities we have to advance access to public information. If we get it right, it can fundamentally shift how transparent, responsive, and open governments are to their citizens.

Digital processes allow public information to be made available faster, more efficiently, and to more people at once. With well-designed digital infrastructure – such as centralized portals, open data platforms, and e-file systems – citizens no longer have to search in person, navigate paper archives, or wait weeks for responses. They can search, access, and reuse information on their own terms.

Digitization also supports the principle of "access for one – access for all." Once a document has been released, it can be published online immediately and accessed by anyone – maximizing transparency and minimizing administrative burden.

We also see new possibilities in AI-supported tools that can help authorities identify, review, and redact documents more quickly. If developed responsibly, these technologies can reduce delays, lower costs, and remove barriers – especially for smaller agencies that struggle with high volumes of requests.

Importantly, digitization enables us to embed transparency by design – integrating access to information directly into administrative workflows, rather than treating it as an afterthought.

Of course, this transformation must be done thoughtfully. We need safeguards to ensure that digital systems remain open and interoperable, that automated decision-making is explainable and accountable, and that all citizens – including those less digitally literate – can benefit from these advances. But these are challenges we can and must meet.

In short: digitization is not a threat to access to information – it is a powerful tool to realize its full potential. It offers us the chance to move from reactive transparency to proactive openness, from individual access to collective benefit, and from bureaucratic complexity to public empowerment.

What legal and policy reforms are needed to protect and expand ATI rights?

To truly protect and expand the right of access to information, we must elevate it to the level it deserves: the constitutional level. In many countries – including mine – ATI is still regulated only by ordinary legislation. That leaves it vulnerable to political compromise or repeal. But access to information is not just a policy – it is a fundamental right that underpins democracy, accountability, and participation.

Embedding this right in the constitution would affirm that transparency is not a favor granted by governments, but a right held by the people – on par with freedom of expression and the right to privacy. It also gives courts, oversight bodies, and citizens a much stronger foundation for defending this right when it comes under threat.

Beyond this essential step, we need modern and robust legislative reforms, including:

• Mandatory digital processes, proactive disclosure, and a digital-by-default approach;
• Strong and independent oversight with enforcement powers;
• A presumption of openness, with narrowly defined and justified exceptions;
• No excessive fees or procedural barriers;
• And integration of transparency into policymaking from the very beginning – not just after the fact.

And we must not forget a core principle of access to information: “Access for one – access for all.” This means that when information is disclosed to one requester, it should be made publicly available to everyone. This principle promotes fairness, efficiency, and the idea that public information truly belongs to the public.

Ultimately, we must move away from treating access to information as a bureaucratic obligation. Instead, we should treat it as what it is: a cornerstone of modern democratic governance – constitutionally protected, digitally enabled, and universally accessible.