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The question of the extent to which a private individual can inspect the files held by a public authority arises above all if the person wishes to clarify the facts on which an authority has based its decision or what legal options are available to him/her as an applicant or other party in an administrative procedure concerning him/her.
As far as access to files relating to ongoing proceedings is concerned, this right of access to files is generally regulated in the State Administrative Procedure Act.
In addition to this general regulation, however, there are also a number of special regulations. They regulate the right to inspect files for individual areas in whole or in part.
A private individual can also request access to files outside of ongoing administrative proceedings - apart from access options under the Freedom of Information Acts. In this case, however, the authority holding the file decides at its own discretion whether to grant access to the file. In this case, a private individual is entitled to a decision on a request for access that is free of errors of judgement if they assert a legitimate interest in accessing the files.
The following section focuses on the inspection of files relating to ongoing proceedings.
the authority maintaining the file
The right to inspect files applies to all persons involved in administrative proceedings. These are above all
The right to inspect files only applies to the files relating to the proceedings and only to the extent that knowledge of them is necessary for the assertion or defence of the legal interests of the party involved.
In the context of administrative proceedings, the right to inspect files until the conclusion of the administrative proceedings does not include drafts of decisions or the work for their direct preparation.
The authority does not have to authorise the inspection of files if
Confidentiality due to legal regulations or due to the legitimate interests of another person arises primarily from tax secrecy, social secrecy, data protection and the fact that trade and business secrets must be protected. The private and intimate sphere of other private persons is also subject to confidentiality by nature. This generally includes, for example, information on income and assets, family circumstances or medical reports.
Access to files can usually be requested from the authority holding the file. The application can be made informally and without notice. The party involved must generally go to the relevant authority to inspect the files.
The authority may stipulate that access to the files is only granted if a representative of the authority is supervising. There is no right to inspect files without the presence of a supervisor.
In individual cases, the authority may also, at its due discretion, authorise access to the files at another location, e.g. if a party involved lives at a greater distance from the headquarters of the authority holding the files. In this case, the authority can send the files to another authority at the request of the party involved and the files can be inspected there. Otherwise, files can also be inspected at a diplomatic or consular mission of the Federal Republic of Germany abroad.
If the party involved in an administrative procedure has engaged and authorised a lawyer with regard to this procedure, the inspection of files shall also take place at the authority with regard to this lawyer. However, the authority may, at its due discretion and by way of exception, determine that a lawyer is also permitted to take the files to his or her office or that the authority sends the files there. However, there is no entitlement to the files being handed over.
Overall, the authority can determine the type and manner of access to the files at its own discretion. In particular, the authority can also determine the time of access to the files. However, it must grant access to the files under reasonable conditions.
Access to the file includes not only documents, but also all other documents such as plans, photographs, maps or other data carriers relating to a specific procedure.
Access to files does not only mean mere inspection. On the contrary, particularly in the case of extensive files relating to a procedure, file inspection can often only be meaningful if the party involved is given the opportunity to make copies or photocopies of the file contents.
In proceedings with uniform submissions or in proceedings in which more than 50 persons with the same interests are involved, only the person representing them has a right to inspect the files if representation takes place in these cases.
none
Normally, the party involved in an administrative procedure does not have to submit any further documents if he or she requests access to the files of an ongoing procedure. After all, he or she is known to the authority.
In individual cases, however, it may be necessary for the person to explain to what extent the requested access to the file is necessary in order to assert or defend legal interests.
The situation is different in cases where the person requests access to files outside of ongoing administrative proceedings. In this case, the person requesting access to the file must demonstrate their legitimate interest to the authority holding the file.
The authority keeping the file shall demand reimbursement of costs for copies or photocopies from the file.
none
Allgemeine Regelungen
Landesverwaltungsverfahrensgesetz (LVwVfG):
Spezielle Regelungen (Auswahl)
Landesverwaltungsverfahrensgesetz (LVwVfG):
Landesbeamtengesetz (LBG):
Zehntes Buch des Sozialgesetzbuchs (SGB X):
Landesinformationsfreiheitsgesetz (LIFG)
machine generated, based on the German release by: Innenministerium Baden-Württemberg, 07.11.2024
