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122.0.51 OINFInfoV CH-FR

Ordinance on information regarding the activities of the Council of State and the administration (OInf) - Subject Matter and Scope (OINF)

43 Articles / Provisions · Canton of Fribourg — Cantonal Legislation
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Table of Provisions (43)

Statutory Text (43 Provisions)

General Provisions - Subject Matter and Principles

1. This regulation establishes the details for the general public information regarding the activities of the Council of State and the cantonal administration and governs the dissemination of information on the internet.

2. It applies to the Council of State and the cantonal administration, including agencies with their own legal personality.

3. The provisions of special legislation remain reserved.

General Provisions - Subject Matter and Principles

1. Any general information intended for the public shall be disseminated simultaneously in both official languages.

2. As far as possible, requests for information shall be answered in the official language in which they were submitted.

3. Press conferences shall be organized in such a way that it is possible to answer the questions of media representatives in both official languages.

General Provisions - Subject Matter and Principles

1. Reports and other relevant documents that are made available to the media directly or on the Internet may be disseminated solely in their original language, unless they must be translated according to other provisions.

2. Information with a distinctly local character may be disseminated exclusively in the official language of the respective location; further exceptions to the principle of bilingualism may be permitted when the information is intended only for one of the two linguistic communities, particularly in the educational sector.

3. Urgent cases are also reserved.

General Provisions - Subject Matter and Principles

1. The information of the public is included in the management tasks and is coordinated with the internal information; for major projects, it is planned from the beginning and regularly adjusted to the current status.

2. In agreement with the State Chancellery, the Office for Personnel and Organization regularly organizes training courses in this area.

3. The documents intended for informing the public must comply with the requirements of the state's corporate design.

4. The information in crisis situations is regulated by special directives; in the event of a disaster, it is governed by the legislation on civil protection.

General Provisions - General Organization

1. The State Chancellery is the body charged with informing the public on behalf of the Council of State; it coordinates the implementation of the Council of State's information policy and submits the necessary directives for approval, specifically those pursuant to Article 4 paragraph 4 (Information in crisis situations) and Article 37 (Websites).

2. Furthermore, the State Chancellery ensures the connections with the Swiss Portal and fulfills the additional tasks assigned to it by this regulation.

3. It has an office for information.

4. The competencies that, pursuant to Article 26 paragraph 3 of the SVOG, are directly vested in the Chancellor are reserved.

**General Provisions - General Organization**

1. The Office for Information has the following tasks

a) It supports the Chancellor in the activity of disseminating information regarding the matters of the State Council.

b) It supports and advises the directorates and their administrative units in activities of dissemination of information, notably also in connection with the Internet, and ensures coordination.

c) It ensures good relations with the media.

d) It promotes communication between the public and the State Council or the administration.

e) It regularly monitors the organization and presentation of websites, ensuring that relevant directives are followed.

f) It compiles the index with topics and search terms to simplify searching on the Internet, and as far as possible, ensures coordination with the Swiss portal.

g) It performs the other functions assigned to it by this ordinance.

2. Further tasks may be assigned to it, particularly in the field of internal information.

**General Provisions - General Organization**

1. The directorates designate a contact person for information.

2. The contact persons have the following duties

a) They organize and establish a system for informing the public about the activities of the respective directorate and manage the directorate's website.

b) They ensure general coordination in the field of public information among the administrative units that belong to the directorate, and they exercise supervision over these units in accordance with Articles 60 and 61 of the SVOG.

c) They ensure coordination with the State Chancellery and, if necessary, with the other directorates.

3. Additionally, they perform the tasks assigned to them concerning access to documents.

General Provisions - General Organization

1. The Conference of Information Officials is comprised of the contact persons from the Directorates for Information, as well as the head of the Office for Information and their deputy; the head of the Office for Information presides over the conference.

2. As needed, the conference involves additional persons in its activities, specifically representatives of the Grand Council and the judicial authorities (Art. 32 para. 2), as well as the Office for Information Technology and Telecommunications.

3. The secretariat is ensured by the Office for Information; the agendas and minutes of the meetings are forwarded to the Conference of Secretaries-General.

**General Provisions - General Organization**

1. The Conference of Information Officials has the following responsibilities

a) It acts as an advisory and coordinating body for all matters related to information and communication.

b) It prepares drafts of directives according to Article 5, paragraph 1, for the State Chancellery.

c) It carries out the tasks assigned to it by the Conference of Secretaries General.

2. The responsibilities of the Conference of Secretaries General as an advisory body of the State Council remain reserved.

**General Provisions - General Organization**

1. The heads of administrative units organize the dissemination of information to the public within their unit and ensure the necessary coordination with the directorate to which they belong.

2. If the unit's activities justify it, particularly if special legislation assigns them information tasks, they appoint a contact person for information purposes.

3. Organizational provisions issued by the directorates or the administratively assigned units pursuant to Article 71 paragraphs 2 and 3 of the Government and Administration Organization Act (GAOA) remain reserved.

General Provisions - General Organization

1. The Cantonal Authority for Publicity, Data Protection, and Mediation assures, in accordance with the relevant legislation, the oversight of the protection and security of personal data in public information.

2. It issues directives for the protection of personal data on the internet as needed.

3. It also receives all drafts in which the dissemination of sensitive personal data on the internet is planned for prior consultation.

Information through the Media - In General

1. The information shall be communicated to the media in a form that meets their needs.

2. In order to ensure equal treatment of the media or to respect the principle that directly affected individuals are informed first, an embargo may be imposed.

Information through the Media - In General

1. In press releases, the relevant topics are presented in a structured, concise, and clear manner. They are written in a generally accessible language, and, if necessary, additional useful documents are attached.

2. A contact person who can answer questions regarding additional information is systematically provided.

3. Press releases and accompanying documents are made available on the internet on the day of distribution or at the end of the embargo period.

4. The Information Office coordinates the management of news on the internet and the electronic archiving of press releases.

Information through the Media - In General

1. When the circumstances justify it, a press conference will be organized for the presentation of the information.

2. The Information Office ensures the coordination of the press conferences; the dates of the conferences are determined in agreement with it.

3. Generally, a press release and a media kit are prepared; they can be sent in advance under an embargo.

Information through the Media - In General

1. Information to the Media

a) through summaries of the Council of State meetings (Art. 23 para. 1);

b) by providing documents;

c) by responding to specific requests for information;

d) by having members of the Council of State or the administration participate in general discussions and interviews.

Information through Media - Accreditation

1. Media outlets that regularly provide information and follow Freiburg affairs shall be accredited by the State Chancellery upon request.

2. Media representatives who do not work for an accredited media outlet may be personally accredited by the State Chancellery if they

a) Hold a Swiss press card;

b) Regularly report on Freiburg affairs.

3. The State Chancellery may, when deemed appropriate, accredit additional media outlets or media representatives, particularly the specialist press, political press, and publications of associations.

4. Accreditation becomes void if the conditions for its issuance are no longer met.

Information through the Media - Accreditation

1. In relations with the State Council and the administration, accredited media must generally be represented by

a) Media professionals with a Swiss press card;

b) Interns holding a candidate card.

2. The media shall inform the Information Office of the names and addresses of official correspondents and any related changes.

Accreditation - Information through the Media

1. If media or media professionals abuse the advantages of accreditation, measures such as a warning, a written reprimand, and the withdrawal of accreditation for a certain period of time may be imposed.

2. The withdrawal of accreditation may only be imposed under the conditions set forth in Article 18 of the Information Act (InfoG).

Information Through the Media - Accreditation

1. Accredited individuals are entitled, as far as desired, to receive ex officio and free of charge, the following documents or to be explicitly informed that they are available on the internet

a) summaries of meetings and press releases of the State Council and the administration;

b) documents related to press releases, as well as dossiers and other materials for the media;

c) documents of the Grand Council, as long as there is no relevant regulation by the Grand Council.

2. Accredited individuals are entitled to be invited ex officio to events organized for the media by the State Chancellery and the administration.

Information by the Media - Accreditation

1. The application for accreditation must be submitted in writing to the Office of Information along with the information necessary for granting it.

2. The State Chancellery decides on the granting and revocation of accreditation as well as on the measures according to Article 18. Appeals against its decisions can be lodged in accordance with the Administrative Procedure Act.

3. The Office of Information of the State Chancellery regularly updates the list of accredited media and media professionals; this list is made available to the departments and administrative units.

Information through Media - Accreditation

1. In a specific case, non-accredited media personnel with a press card shall, upon request, receive media materials free of charge if they are not available on the internet.

2. They may also participate in press conferences.

Information by the Media - Information on the Intentions and Decisions of the State Council

1. The State Council presents the essential documents for the legislative period at a press conference, namely the government program and the financial plan, as well as the legislative period's balance sheet.

2. Other matters may also be the subject of a press conference, depending on their importance and their impact on public opinion.

Information through the Media - Information about the Intentions and Decisions of the State Council

1. The key resolutions from the weekly State Council meetings are presented in a summary, which is typically distributed the day after the meeting.

2. For matters of particular interest and major decisions, a special communication is issued, which usually includes an explanatory document. Such matters notably include resolutions with significant financial consequences, substantial impacts on other communities or a large number of individuals, and those where the State Council acts as a legislator, provided their scope is not limited.

3. The competent directorate drafts a media release proposal, which it submits to the State Council along with its request. If circumstances warrant, it organizes a press conference in agreement with the Information Office.

Information by the Media - Information on the Intentions and Resolutions of the State Council

1. Government Spokesperson

a) Generally, the President of the State Council;

b) For specific matters, the head of the respective department.

2. If circumstances justify it, particularly in extraordinary situations, the State Council expressly designates one of its members as the government spokesperson for a specific issue; this role can also be assigned to the Chancellor.

3. The government spokesperson speaks on behalf of the government, respecting the principle of collegiality.

Information through the Media - Information about the Intentions and Decisions of the State Council

1. The State Chancellery regularly organizes meetings between the media and media professionals with the members of the Council of State.

2. It determines the details of these meetings in agreement with the umbrella organization of the Fribourg media professionals.

Information through the Media - Information about the Activities of the Administration

**1. The following individuals are generally responsible for informing the media about the activities of the administration:**

a) the heads of directorates, the general secretaries, and the contact persons of the directorates for information on all matters falling within the jurisdiction of their directorate;

b) the chancellor or the vice-chancellor and the person responsible for the Information Office on all matters for which the State Chancellery is responsible;

c) the heads of administrative units and, where applicable, the contact persons of the administrative units for information on matters falling within their field of activity.

**2. For the other employees of the administration, the organizational measures taken in application of Article 10 apply.**

**3. The responsibility for information within the state commissions is governed by the regulations on their organization and procedures.**

Information through the Media - Information about the Activities of the Administration

**1. Only the following individuals are authorized to provide the media with information of a political nature:**

a) the directors and the chancellor;

b) the senior officials in matters within their jurisdiction that contain such elements.

**2. The employees of the administration provide information only on technical or administrative questions, as well as on issues falling under their decision-making competencies. In case of doubt regarding the nature of the information or in extraordinary situations, they consult with their directorate on how to proceed.**

Information by the Media - Information about the Administration's Activities

1. If employees of the administration are invited to participate in a public discussion or a general interview concerning activities related to their function, they shall inform the directorate to which they belong beforehand; the directorate will, if necessary, provide the required instructions.

Information by the Media - Information about the Activities of the Administration

1. Information for the media, including press releases and invitations to press conferences, is sent to all media and media professionals accredited with the State Chancellery.

2. The directorates and administrative units typically distribute their information through the Information Office; they may expand the list of recipients as needed.

Information by the Media - Information about the Administration's Activities

1. The directorates may supplement the rules of this Section 2.4 with directives, in particular to further regulate the content of Articles 27 and 28 or to deviate from these articles.

2. Institutions with their own legal personality may independently regulate their relations with the media through directives; these directives must be submitted to the Council of State for approval. In the absence of such directives, the provisions of this Section 2.4 shall apply.

3. The State Chancellery shall receive a copy of the directives issued by the directorates and the institutions with their own legal personality.

Information through the Media - Information about the Activities of the Administration

1. The provisions of this Section 2.4 apply to the cantonal authority for Transparency, Data Protection, and Mediation only to the extent that they are compatible with its independent status.

Direct Information - Internet

1. The State uses the internet as the most common means for direct information, taking into account the development of information and communication technologies.

2. Coordination with the Grand Council and the judicial authority is ensured through an agreement with the relevant authorities. They are particularly involved in the preparation of directives according to Article 37; the details are determined by mutual agreement.

3. The current communications transmitted by the Secretariat of the Grand Council, the Judicial Council, and the Cantonal Court are officially included in the State's portal.

Direct Information - Internet

1. The State Portal and the website of the State Council are managed by the Information Office under the responsibility of the State Chancellery.

2. The departments, the State Chancellery, and generally their administrative units have a website on which they publish at least the following information

a) a general presentation of their duties, their organization, and important ongoing projects;

b) information about the services provided to the administration's clients;

c) a contact form;

d) information mandated by special legislation.

3. For significant projects that extend over a long period, special websites can be created.

Direct Information - Internet

1. The websites are organized according to the needs of the beneficiaries, comply with access standards for disabled individuals, and are regularly updated.

2. They must facilitate information search in a hierarchical manner (administrative structure) and in a thematic manner (systematic or alphabetical).

3. They comply with the requirements for the protection and security of personal data and IT security.

4. Supervision over the content of the websites of administrative units is ensured in accordance with Articles 7 para. 2 letter b and 11 para. 1; control by the Information Office according to Article 6 para. 1 letter e is also reserved.

Direct Information - Internet

1. The creation, maintenance, and updating of websites are managed with a centralized Content Management System (CMS) that ensures a structural and graphic identity.

2. The following entities are not required to manage their websites with the CMS

a) entities to which the state's corporate design requirements do not apply;

b) entities that have been granted an exemption by the Conference of Information Officers for reasons of compatibility with IT applications; the exemption may stipulate that a brief presentation of the relevant entity is included in the CMS.

3. Before the first publication of the new website in the CMS, the Information Office checks whether the organization, presentation, and search engine optimization are correct and whether the guidelines are followed.

Direct Information - Internet

1. The State Chancellery ensures first-level IT support for the websites and manages access rights to the CMS.

2. The Office for Information Technology and Telecommunications assumes the responsibilities arising from its position as the state's IT specialist service; in particular

a) it ensures the hosting and maintenance of the internet servers and the content management system of the sites;

b) it provides opinions on the exceptions according to Article 35 paragraph 2 letter b;

c) it ensures compliance with the state's IT policies and IT security in accordance with the relevant provisions;

d) it issues the necessary technical directives, supports the directorates and administrative units in their application, and ensures compliance with them.

Direct Information - Internet

1. The rules of this Section 3.1 are further detailed and supplemented by directives; these specifically regulate

a) how a website is launched and managed, and how domain names are managed;

b) the content of the portal, its presentation, and the criteria for publishing current announcements on this website;

c) the minimum requirements for the content of other websites, including their structure and presentation;

d) when exceptions allow for the inclusion of advertising and links to commercial websites;

e) how the principle of equality for persons with disabilities is taken into account;

f) how outdated data is archived on the website;

g) how the individuals responsible for the websites are trained.

2. The directives are coordinated with the requirements of the State's corporate design.

Direct Information - Other Types of Direct Information

1. The administrative units respond to requests for information in accordance with Article 8 paragraph 1 letter b and 10 of the Freedom of Information Act (InfoG).

2. They may require that a complex request or a request causing particular issues be submitted in writing; they may forward requests that were mistakenly addressed to them to the competent unit.

3. The responses are limited to providing factual information and generally take the same form as the request; they are given as quickly as possible, as far as the normal operation of the unit allows.

4. For requests to access an official document, only the provisions of Section 3 of the InfoG and those of the Ordinance on the Right of Access apply.

Direct Information - Other Forms of Direct Information

1. Information Centers are

a) for telephone inquiries: the telephone center of the cantonal administration, which is managed by the finance administration;

b) for inquiries via email: the Information Office.

2. The information centers answer simple questions and forward other inquiries to the competent unit.

Direct Information - Other Forms of Direct Information

1. Administrative units provide users with the necessary information to enable them to exercise their rights and fulfill their duties; they also provide information about their services.

2. They disseminate this information appropriately and organize themselves in such a way that they can quickly and comprehensively answer additional questions.

Final Provisions

1. The following are repealed

a) The Ordinance of March 22, 2005, on Informing the Public about the Activities of the State Council and the Cantonal Administration (SGF 122.0.51);

b) The Ordinance of May 3, 2005, on the State's Websites (SGF 122.0.52).

Final Provisions

1. Upon the entry into force of this regulation, the Commission Fri-Info is dissolved; however, its directives concerning the state's websites shall remain in effect until they are replaced by the directives pursuant to Article 37.

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