Act on the Principle of Freedom of Information (Freedom of Information Act) (Öffentlichkeitsgesetz) - Subject, Purpose, and Objectives

1. This law regulates access to official documents.

2. It aims to promote transparency regarding the activities of public authorities, with the objective of facilitating the free formation of opinion, the exercise of democratic rights, and the oversight of governmental actions, as well as strengthening the public's understanding and trust in public authorities.

1. The law applies to all public entities.

2. The following are considered public entities

a) the authorities, administrations, and commissions of the canton;

b) the authorities, administrations, and commissions of cantonal public-law corporations, institutions, and foundations;

c) natural or legal persons or other private-law organizations, to the extent that they perform cantonal public tasks delegated to them.

1. The law does not apply

a) insofar as public bodies participate in economic competition and do not act in a sovereign capacity;

b) to judicial authorities in the area of legal administration;

c) to service providers in the healthcare and social services sector, in particular to the Cantonal Hospital of Graubünden, the Psychiatric Services of Graubünden, and the Social Insurance Institution of Graubünden.

1. The law does not apply to access to official documents concerning

a) Civil proceedings;

b) Criminal proceedings;

c) State and administrative justice proceedings;

d) International legal and administrative assistance proceedings;

e) Arbitration proceedings.

2. Access to official documents containing personal data of the applicant is governed by the cantonal data protection law.

1. Provisions of other laws remain reserved, which

a) designate certain information as confidential; or

b) provide for conditions deviating from this law for access to certain information.

1. An official document is any information that

a) is recorded on any information carrier;

b) is in the possession of a public body from which it originates or to which it has been communicated; and

c) relates to the fulfillment of a public task.

2. Documents that can be created through a simple electronic process from recorded information, which meet the requirements of subsection 1 letters b and c, are also considered official documents.

3. Documents that are not considered official documents include those that

a) are used commercially by an authority;

b) are not completed; or

c) are intended for personal use.

1. Every person has the right of access to official documents.

2. Access is granted through

a) Information about the content;

b) Inspection on-site;

c) Provision or delivery of copies.

3. If an official document is published in an official publication or on the public authority's website, the right of access is deemed to be fulfilled.

1. Access to official documents is restricted, deferred, or denied insofar as overriding public or private interests oppose it.

2. Overriding public interests exist in particular when granting access could

a) impair the free formation of opinion and will of the public body;

b) jeopardize the position of a public body in ongoing or foreseeable negotiations;

c) thwart an official measure;

d) endanger public order or safety;

e) impair relations with other communities.

3. Overriding private interests exist in particular when granting access could

a) infringe upon the privacy of third parties;

b) disclose professional, business, or manufacturing secrets;

c) violate copyright.

1. Official documents may only be made accessible once the political or administrative decision for which they serve as a basis has been made.

2. There is no right of access to the minutes and documents of parliamentary control, oversight, and investigation committees.

1. The request for access to official documents must be addressed to the public authority that created the document or received it as the primary addressee from third parties not subject to this law.

2. The request must be submitted in writing. It does not require justification but must be formulated with sufficient precision.

1. If the public authority considers granting access to official documents containing third-party personal data, such data must be anonymized or removed beforehand wherever possible.

2. If the personal data cannot be anonymized or removed, the affected individuals must be consulted. The request for access shall be denied if consent is refused or if obtaining such consent would entail disproportionate effort.

3. Access may be exceptionally granted despite the lack of consent if it serves an overriding public interest.

1. The public authority shall decide as quickly as possible, but generally no later than 30 days after receipt of the application.

2. If the public authority wholly or partially rejects the application or grants access despite an affected person's refusal to consent, it shall issue an order. The procedure is governed by the Administrative Procedure Act (APA) of August 31, 2006.

1. Legal protection is governed by the Act on Administrative Jurisdiction (VRG) of August 31, 2006.

2. Decisions of a public body for which these provisions do not provide a legal remedy can be directly challenged before the Superior Court.

3. The appellate bodies also have access to official documents that are subject to confidentiality.

1. Access to official documents is governed by the archiving regulations under the Law on Record-Keeping and Archiving.

1. A fee shall be charged for access to official documents if the handling of a request involves considerable effort. Otherwise, access to official documents is free of charge.

2. The judicial review procedure is subject to fees.

3. The imposition of fees is governed by the Administrative Justice Act (VRG) of August 31, 2006.

1. This law applies to official documents that are created or received by a public body after it comes into force.