Section 4
Protection of the official decisionmaking process
(1) Applications for access to information should be rejected for drafts relating to
rulings and studies and decisions relating directly to the preparation of rulings,
insofar as and for as long as premature disclosure of the information would obstruct
the success of the ruling or impending official measures. Routine results of the taking
and hearing of evidence and expert opinions or statements from third parties shall
not be deemed to relate directly to the preparation of rulings pursuant to sentence 1.
(2) The applicant should be notified of the conclusion of the proceedings concerned.
Section 5
Protection of personal data
(1) Access to personal data may only be granted where the applicant’
s interest in
obtaining the information outweighs the third party’
s interests warranting exclusion of
access to the information or where the third party has provided his or her consent.
Special types of personal data within the meaning of Section 3 (9) of the Federal
Data Protection Act (BDSG) may only be transferred subject to the express consent
of the third party concerned.
(2) The applicant’
s interest in accessing information shall not predominate in the
case of information from records relating to the third party’
s service or official
capacity or a mandate held by the third party or in the case of information which is
subject to professional or official secrecy.
(3) The applicant’
s interest in accessing information shall generally outweigh the third
party’
s interests warranting exclusion of access to the information where the
information is limited to the third party’
s name, title, university degree, designation of
profession and function, official address and official telecommunications number and
the third party has submitted a statement in proceedings in the capacity of a
consultant or expert or in a comparable capacity.
(4) Names, titles, university degrees, designations of professions and functions,
official addresses and official telecommunications numbers of desk officers shall not
be excluded from the scope of access to information where they are an expression
and consequence of official activities and no exceptional circumstances apply.
Section 6
Protection of intellectual property and
business or trade secrets
No entitlement to access to information shall apply where such access
compromises the protection of intellectual property. Access to business or trade
secrets may only be granted subject to the data subject’
s consent.