For the past year, the Berlin Police have believed that all of their documents relating to police operations are of such vital importance to the security of the State of Berlin that they should never be released under the Freedom of Information Act. If this view were correct, it would mean that the authority, which like no other in the country is allowed to intervene in the fundamental rights of citizens, would be largely removed from the control of the critical public. We couldn’t accept that and complained – now with success!
The background to the legal dispute was a police operation in 2020. The police cleared the Weinbergpark in Berlin’s Mitte district on October 3 of that year. The plaintiff demanded that all documents relating to the deployment be sent and the authorities blocked it – with obviously inaccurate arguments.
arguments not tenable
Specifically, she was of the opinion that the release of the documents about the operation would jeopardize official measures. However, this line of reasoning can only withhold information about future operations, and even then only temporarily. As soon as the assignment is completed, there is an obligation to surrender.
The police also argued that disclosure of the documents would pose a serious threat to public welfare. However, she was subsequently unable to argue why the specifically requested documents would seriously impair the well-being of the federal government or a state if they became known. The documents concerned the clearing of a park.
The police then did not even try to justify this view before the Berlin administrative court. After the lawsuit was substantiated, she immediately acknowledged that she had to hand over part of the documents. However, that was not the end of the matter, but the police took five months to put their words into action and to hand over the requested documents in redacted form.
Police delay procedures
Even if the police have now realized that they are only allowed to withhold information in exceptional cases and have to justify this very precisely, it looks as if they will continue to disregard the Freedom of Information Act in the future. It regularly takes months to even decide on inquiries and objections, and when it does so, it often takes legal positions that are hardly tenable. However, for many applicants, taking legal action against this is associated with effort and a cost risk.
We continue to support people who want to assert their right to information from the police. Further lawsuits against the Berlin police for failure to act have already been successful.
Ensuring effective enforcement of the Freedom of Information Act would require a supervisory authority with real enforcement powers, where citizens can complain free of charge, or the elimination of court fees in disputes. However, it would at least be desirable if all authorities – and especially the police – realized that transparency does not pose a security risk, but is necessary for democratic decision-making and the control of state action.
FragDenstaat is funded by donations. Lawsuits are always associated with a cost risk. If you would like to support our fight for freedom of information, please help us with a donation.
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