Clarity of Official Information and Communication (Art. 14 and 14a para. 1 IMG) (IMV)

1. Authorities inform and communicate in language that is generally understandable to the public.

2. They provide additional aids and translations as far as possible and necessary for people with disabilities or with limited language skills, especially when the information or communication offerings

a) are primarily directed at these individuals,

b) are essential for their safety or health,

c) are required for the exercise of their rights and obligations, or

d) enable them to exercise their right to political participation.

1. Prior to the disclosure of personal data on the internet, the responsible authority shall examine whether there are any particular risks for the affected individuals that outweigh the public interest in the publication. If such risks exist, the authority shall refrain from publishing on the internet.

2. The affected individual may request a restriction on the disclosure of their data if they demonstrate a legitimate interest worthy of protection.

1. The authority responsible for the information shall determine at the time of publication when personal data is to be removed.

2. The time periods for removal in accordance with paragraph 1 can be systematically established by directive and may be based on publication categories.

1. The Office for Communication of the State Chancellery plans and coordinates the overall cantonal information and communication activities in accordance with Article 21, paragraph 1 of the IMG.

2. The departments, the State Chancellery, and the parliamentary services are responsible for information and communication regarding their administrative activities.

3. The Government Commissioners

a) are responsible for information and communication regarding their administrative activities,

b) coordinate in advance with the Office for Communication whenever possible.

1. A public interest within the meaning of Article 16 paragraph 1 letter a of IMG is particularly present when information is significant for the protection of democratic rights and for ensuring the formation of opinion regarding events in the canton or the respective municipality.

For information and communication during disasters and emergencies, the legislation on civil protection primarily applies.

1. The Executive Council and the Cantonal Administration publish information that concerns the entire canton simultaneously in both official languages, subject to paragraph 2.

2. A simultaneous publication can particularly be deviated from

a) in extraordinary events affecting significant legal interests, when the necessary resources are not available due to the situation,

b) in parliamentary motions and proposals within the sessions of the Grand Council.

3. Reports, studies, and expert opinions of general interest present a summary in both official languages regardless of their original language.

1. For responding to an informal request or assessing an application for access to information, the authority responsible, subject to Articles 9 to 12, is the one which

a. has recorded the information,

b. has received it as the primary recipient from third parties not subject to the Freedom of Information Act (IMG), or

c. has archived it, provided the matter is internally closed administratively.

2. If the requested authority is not responsible, then

a. it shall promptly forward the informal request or application to the competent authority,

b. it shall, if necessary, coordinate with the other involved authorities.

1. For informal requests and applications for access to information that is held by multiple authorities, the authority responsible according to Article 8 paragraph 1 shall have jurisdiction.

2. If the jurisdiction is unclear or if multiple authorities have jointly developed the information, the requested authority shall establish an agreement on jurisdiction with the other involved authorities.

1. Informal requests and applications for access to the activities of the bodies of the Grand Council fall under the responsibility of the relevant council body dealing with the matter.

2. If the council body no longer exists, the office of the Grand Council is responsible.

1. For informal inquiries and requests for access to government council matters, the respective general secretariat of the leading directorate or the respective office of the leading state chancellery is responsible.

2. For requests for access to documents classified as "Secret" in government council matters, the responsible member of the government council or the chancellor is responsible.

3. For informal inquiries and requests for access to information from the directorate and the state chancellery, the respective general secretariat or the leading office is responsible.

1. Informal requests and applications for access to information held by the state archive are handled

a. by the competent authority in accordance with Article 31a IMG or Articles 8 to 11 during an administrative period of 30 years,

b. by the state archive after the expiry of the administrative period.

2. The administrative period begins

a. for documents of judicial authorities and the public prosecutor's office, as well as administrative justice authorities, on the date of the final decision of the proceedings,

b. for all other information, on the date of their last processing.

3. The relevant point in time for determining jurisdiction is when the informal request or application is submitted.

1. Oral inquiries are generally answered orally, while written inquiries are typically answered in writing.

2. Article 23 shall apply mutatis mutandis to the granting of access to information.

1. The restrictions of Articles 27 to 29 IMG also apply to informal requests.

1. A request cannot be treated as an informal request within the meaning of Article 31 IMG if

a. access to particularly sensitive personal data is being requested (Art. 28 IMG),

b. it concerns personal data whose disclosure is not permitted under data protection legislation or special legislation without a detailed balancing of interests, or

c. a detailed balancing of interests must be carried out with regard to the existence of other prevailing private interests (Art. 29 para. 2 IMG) or prevailing public interests (Art. 29 para. 1 IMG).

2. In these cases, the requesting person is referred to the application procedure for access to information (Art. 30 IMG) and simultaneously informed of the potential obligation to pay fees.

**Application for Access to Information**

The request for access to information must be submitted in writing to the competent authority (Art. 8 to 12).

The application should describe as precisely as possible the information to which access is being requested.

The application only requires justification if provided for by specific legislation.

1. The authority informs the applicant if they must expect significant cost implications (Art. 30 Para. 2 IMG).

1. The protection of overriding public or private interests is ensured, as far as possible, by covering the information worthy of protection.

An unreasonable effort according to Article 29 paragraph 1 letter c IMG is present when the authority, with its ordinary personnel resources and infrastructure, is unable to process the request for access to information within a useful timeframe without neglecting its duties.

1. If particularly sensitive personal data are affected and cannot be concealed, the authority shall obtain the consent of the affected person and inform them of their right to refuse.

2. The authority shall reject the request if

a. consent is refused,

b. refusal of consent must be presumed, or

c. obtaining consent would involve disproportionate effort.

1. If the data in question does not concern particularly sensitive personal data and cannot be excluded, the authority shall examine whether overriding private interests oppose granting access to the information.

2. The individuals mentioned in the requested information shall be heard if there is doubt as to whether

a. it concerns particularly sensitive personal data, or

b. overriding private interests are involved.

3. In all other cases, the authority may forego a hearing.

1. If only the applicant is involved in the proceedings and the request is fully granted, access to the information may be provided informally.

Access to information is generally granted in digital form.

It can also occur through inspection at the competent authority or by delivery of paper copies, if the administrative effort is less than in digital form.

The authority ensures the security of personal data and information when granting access.

1. Anyone wishing to make audio or video recordings or broadcasts of municipal assemblies must register this with the assembly management prior to the start of the assembly.

2. Requests for audio or video recordings or broadcasts shall be presented to the eligible voters for a decision at the beginning of the assembly. If the assembly agrees, the assembly management shall inform the attendees of their rights.

3. If the assembly permits audio or video recordings or broadcasts, individuals who do not wish to have their statements or votes recorded must declare their refusal before making their statements or casting their votes.

1. The canton may grant operational contributions to institutions that provide journalistic news services for media, through service agreements, provided that the offering

a) is open to all interested media providers, and

b) strengthens French or German reporting on cantonal, regional, and local topics of political relevance.

2. The contributions are determined based on the demonstrated financial need and amount to a maximum of 100,000 francs per year and institution.

3. For the canton’s service contract with institutions that promote media, Article 13c of the State Contributions Act of September 16, 1992 (StBG) applies.

1. The promotion of institutions that support media or media professionals through the financing of project-related or new media offerings (Art. 34c para. 1 let. c IMG), is carried out in the form of temporary contributions.

2. The amount of the contributions

a is determined by the demonstrated financial need, with the recipient required to provide reasonable own contributions,

b may not exceed 20,000 francs per year and supported project.

3. The enforcement of the provisions of the IMG is to be ensured by conditions in the contribution order.

4. The provisions of paragraphs 1 to 3 apply mutatis mutandis to the support of entities running digital infrastructures (Art. 34c para. 1 let. b IMG).

1. The Canton may

a) support the association "Polit-Forum Bern" for its activities in the field of political education with annual operational contributions of no more than 20 percent of the demonstrated financial needs,

b) support the association "Youth Parliament of the Canton of Bern" thematically and logistically, as well as financially according to paragraph 2.

2. The support for further institutions offering services in the field of political education, particularly to promote political education among young people, is provided through the granting of operational or project contributions. These contributions are limited to a maximum of 20,000 Swiss Francs per year and per institution, with the recipient required to provide appropriate contributions of their own.

3. Articles 25 paragraph 3 and 26 paragraph 3 apply mutatis mutandis to performance contracts and contribution decisions.

1. The following decrees are amended

a Ordinance of 14 December 2005 on the Disclosure of Personal Data (Personal Data Disclosure Ordinance, PDDO)[[3]](#enumeration_itemtext_content_fn_3314377_2_3_c),

b Ordinance of 13 March 2013 on the Classification, Publication and Archiving of Documents related to Government Council Affairs (Classification Ordinance, CO)[[4]](#enumeration_itemtext_content_fn_3314378_2_4_c),

c Ordinance of 18 October 1995 on the Organization and Responsibilities of the State Chancellery (Organization Ordinance STA, OO STA)[[5]](#enumeration_itemtext_content_fn_3314379_2_5_c),

d Ordinance of 30 June 2021 on the Organization and Responsibilities of the Directorate of Health, Social Affairs, and Integration (Organization Ordinance GSI, OO GSI)[[6]](#enumeration_itemtext_content_fn_3314380_2_6_c),

e Ordinance of 22 February 1995 on the Fees of the Cantonal Administration (Fee Ordinance; FO)[[7]](#enumeration_itemtext_content_fn_3314381_2_7_c),

f Municipal Ordinance of 16 December 1998 (MO)[[8]](#enumeration_itemtext_content_fn_3314382_2_8_c).

1. The Ordinance of October 26, 1994, on the Information of the Public (Information Ordinance; IV)[9] is repealed.

1. This regulation shall enter into force on January 1, 2024.