Privatisierung und Informationszugang

The economic value of information, including that of the state and of privatised companies, is steadily increasing. Meanwhile, since the introduction of the German Federal Freedom of Information Act, anyone has the unconditional right to access information from federal authorities. At the same time, the right of access to information encompasses information provided by private legal entities that are involved by federal authorities in the fulfilment of their public-law tasks. The present work examines the role of privatised companies within the structure of the Freedom of Information Act of the Federal Republic of Germany. The author not only considers the reason and limits of the information access claim against private persons, but also reveals the conflicting objectives of freedom of information and privatisation. Finally, options for a more appropriate inclusion of privatised companies in the Freedom of Information Act of the Federal Republic of Germany are discussed.