Curtailing Political Transparency Fosters Public Distrust, Threatens Rights

The German government should abandon its plans to gut Germany’s Freedom of Information Act, Human Rights Watch said. The proposed amendments threaten core human rights essential to transparency and public participation in a democracy governed by the rule of law.

On July 2nd, 2026, the coalition committee, comprising the Christian Democratic Union and Christian Social Union (CDU/CSU) and the Social Democratic Party (SPD), decided to significantly amend the act. The changes would severely restrict the ability of the public, including civil society and journalists, to obtain public records relating to the actions of government and authorities.

“The German government seems to perceive transparency and freedom of information as threats and an administrative burden instead of essential safeguards in a democracy,” said Almaz Teffera, senior Europe researcher at Human Rights Watch. “Restricting access to public records denies everyone basic information, makes it harder to hold the government and authorities to account, and risks increasing public distrust in their actions.”

Five Amendments, One Direction The government seeks to adopt five key amendments. People would have to prove a “legitimate interest” to obtain official information, giving authorities broad discretion to reject requests, with no detail offered on what would constitute such interest. Non-EU citizens who do not live in Germany would be barred from obtaining public records regardless of any legitimate interest. Only individuals, not organisations such as Human Rights Watch or media outlets, would be able to make requests. The current cap of €500 on fees would be removed, risking financially prohibitive barriers. And routine redaction of public officials’ names would be permitted, obscuring individual responsibility for government actions.

FragDenStaat, a German civil society platform for freedom of information, called the plans the most serious attack on state transparency in the history of the Federal Republic, suggesting that removing the fee cap could result in bills of thousands of euros. Reporters Without Borders and German journalist networks have criticised the plans as barriers to information for journalists, limiting the media’s ability to monitor politicians and the authorities.

The plans have also drawn criticism from independent watchdogs at state level, including Berlin’s commissioner for freedom of information, Meike Kamp, who said that now more than ever the state and its authorities should want their actions reviewed and understood by the public, in order to build trust and strengthen democracy.

A Broken Promise Currently anyone can request access to government documents, a tool that has exposed numerous political and corruption scandals, some involving officials of the very government now pushing the amendments. In its coalition agreement adopted last year, the government committed to reforming the act to provide “added value for citizens and the administration.” Its current plans would breach not only that commitment but international and European human rights law, Human Rights Watch said.

Germany is bound by standards protecting the right to seek and receive information as part of freedom of expression, including under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The European Court of Human Rights has recognised that access to information is especially important for journalists, civil society organisations and other public watchdogs. Restrictions must be lawful, necessary and proportionate to a legitimate aim; blanket exclusions, redaction of officials’ names and arbitrary eligibility rules are inconsistent with a transparent government and risk chilling journalism and civic participation.

“Political transparency and public scrutiny do not have an off switch when it gets uncomfortable for the government,” Teffera said. “The German government should reverse course on this dangerous pursuit to gut Germany’s Freedom of Information Act and preserve meaningful access to official records for individuals and organisations alike.”

Sources: Human Rights Watch; FragDenStaat; Reporters Without Borders; Berlin Commissioner for Freedom of Information. July 8th, 2026.