Section 9
Rejection of the application:
Legal remedies
(1) Notification of a ruling rejecting the application in part or in its entirety is to be
provided within the period stipulated in Section 7 (5), sentence 2.
(2) In cases in which the authority rejects the application in part or in its entirety, it is
to provide notification as to whether and when partial or full access to the information
is likely to be possible at a later juncture.
(3) The application may be rejected where the applicant is already in possession of
the requested information or can reasonably be expected to obtain the information
from generally accessible sources.
(4) It is permissible to challenge the decision to reject the application by lodging an
administrative appeal or bringing an action to compel performance of the requested
administrative
act.
Administrative appeal proceedings pursuant to the provisions of Part 8 of the Code
of Administrative Court Procedure (VwGO) are also to be carried out when the
decision has been reached by a supreme federal authority.
Section 10
Fees and expenses
(1) Fees and expenses shall be charged for official acts pursuant to this Act.
This shall not apply to the furnishing of basic items of information.
(2) With due regard to the administrative expenditure involved, the fees shall be
calculated such as to ensure that access to information pursuant to Section 1 can be
claimed effectively.
(3) The Federal Ministry of the Interior is authorised to assess the facts and
circumstances determining the commensurate fee and to fix the scales of fees for
official acts pursuant to this Act by means of statutory instruments, without the
approval of the Bundesrat. Section 15 (2) of the Administrative Costs Act (VwKG)
shall not be applicable.
Section 11
Obligations to publish
information
(1) The authorities should keep directories identifying the available information
resources and the purposes of the collected information.
(2) Organisational and filing plans without any reference to personal data shall be
made generally accessible in accordance with the provisions of this Act.
(3) The authorities should make the plans and directories stated in sub-sections 1
and 2 and other appropriate information generally accessible in electronic form.