Act on Information and Access to Documents (Informationsgesetz) - Purpose, Scope

1. This law governs the principles of informing the public about the activities of the authorities, as well as the right to access official records.

2. It applies to all authorities and bodies of the canton, the municipalities, and municipal associations, as well as public-law corporations and institutions pursuant to Art. 108 of the cantonal constitution.

3. Special provisions of the federal law or other cantonal laws remain reserved.

1. The meetings of the government council and the commissions it establishes are not public.

2. Exceptions are determined by the government council.

1. Court sessions shall be public, subject to the exceptions provided by law.

1. The meetings of the municipal parliaments are public. Article 2 paragraph 3 and Article 4 apply accordingly.

2. The meetings of the municipal councils and the municipal council committees are not public; exceptions are decided by the municipal council.

1. The authorities of the canton and the municipalities shall inform the public promptly and adequately about their activities, unless overriding public or private interests prevent this.

1. Every person who can demonstrate a legitimate interest shall have the right to inspect official records under this law, provided there are no overriding public or private interests to the contrary (Art. 12 para. 3 of the Cantonal Constitution).

1. Reports, studies, and expert opinions shall be made accessible to the public, unless overriding public or private interests oppose disclosure.

1. Inspection of records from non-public proceedings requires the approval of the relevant authority.

1. Overriding Public Interests Exist Particularly When

a) the premature disclosure of internal working papers, applications, and drafts would significantly impair the decision-making process;

b) the public would otherwise be harmed, notably through the endangerment of public safety;

c) the authority would incur a disproportionate burden.

2. A Disproportionate Burden Within the Meaning of Section 1, Letter c Occurs When the Authority, With Its Ordinary Personnel Resources and Infrastructure, Is Unable to Process the Request Within a Useful Time Frame Without Neglecting Other Tasks.

1. Predominant private interests include, in particular

a) the protection of highly sensitive personal data;

b) the protection of personal rights in administrative and judicial proceedings that have not been legally concluded;

c) trade secrets or professional secrets.

1. The exception provisions according to Articles 11 to 13 apply only to the protectable part of the files or information and remain valid only as long as there is a prevailing interest in confidentiality.

1. Applications for access to records should generally be submitted in writing. They must include proof of a legitimate interest. The data of interest should be specified as precisely as possible.

2. The authority responsible for responding is the one that is handling the matter or, if the procedure is concluded, the authority that manages the records.

3. Applications submitted to an incompetent authority are to be forwarded without delay to the authority responsible for handling them.

1. A fee may be charged for special expenses.[5]

1. If the inspection of the files is disputed, the authority shall issue an order.

2. Orders from bodies of the Cantonal Council can be appealed to the Cantonal Council within 20 days.

1. The Government Council designates the authorities responsible for information within the canton; it may issue further implementing provisions.

2. The Supreme Court regulates the dissemination of information by the courts as well as by the debt enforcement and bankruptcy authorities. They may regulate the accreditation of media professionals.

1. This Law shall enter into force on May 1, 1996.