Act on the Principle of Freedom of Information (Freedom of Information Act, ÖffG) (Öffentlichkeitsgesetz, ÖffG) - Purpose and Subject Matter (LT)

1. This Law aims to make the actions of public authorities transparent. This is intended to promote free opinion formation for the exercise of democratic rights and the oversight of governmental actions.

2. The Law regulates the provision of information to the public by public authorities and access to official records of public authorities.

1. In this law, the following terms mean

1. Public Authority: Bodies, authorities, commissions, offices, enterprises, or departments of the Canton, the Political Municipalities, the School Communities, as well as their public corporations, institutions, and foundations

2. Information: Written, electronic, or oral notification regarding a specific matter, concern, or transaction

3. Official Records: Compilation of all documents generated in the execution of a task and required for its continuation. A document is the recording by the public authority on any information carrier or the auxiliary means necessary for the understanding and use of a recording.

1. This law applies to public authorities. Organizations and individuals under private and public law are equated with public authorities insofar as they perform governmental tasks.

2. It applies to judicial authorities, insofar as they perform administrative tasks or tasks related to supervisory activities.

3. It does not apply to the Thurgau Cantonal Bank and thurmed AG, including their subsidiaries, as well as to public authorities, insofar as they participate in economic competition and act under private law.

4. Energy supply companies are subject to the Public Access to Information Act exclusively with their activities in the regulated monopoly, regardless of their legal form.

1. This law applies to information and official records.

2. It is not applicable in proceedings

1. of civil and criminal justice

2. of administrative justice

3. of international legal and administrative assistance

4. of arbitration

3. The law also does not apply insofar as provisions of other laws

1. designate information or official records as secret or confidential,

2. provide conditions differing from this law for accessing certain information or official records.

4. Access to official records containing personal data of the requesting person is governed by the Data Protection Act (TG DSG)[1].

1. This law applies to official records that have been created or received by public bodies since May 20, 2019, and are less than 20 years old.

2. For official records that are older than 20 years, the provisions of the Records Management and Archiving Act (ArchivG) apply.

1. The Data Protection and Public Access Officer pursuant to § 17 TG DSG shall have the following duties under this law in particular

1. to advise public bodies on issues of the principle of public access

2. to conduct the mediation process according to §§ 15 and 16, and, in the event that no agreement is reached, to issue a recommendation pursuant to § 17

3. to inform private persons, upon request, about the modalities of the right to access official documents

4. to be able to comment on legislative proposals affecting the principle of public access

2. He or she is obligated to maintain the same confidentiality regarding personal data that comes to his or her attention in the course of his or her duties as the public body responsible for the access request.

1. Public authorities shall, on their own initiative, provide information about their activities of general interest. Such information is permissible unless overriding public or private interests, within the meaning of § 10, oppose it.

2. The information must be provided in a manner that is understandable, comprehensive, and timely.

3. Public authorities may provide information on pending proceedings if it is necessary to correct or prevent false reports or if immediate information is warranted in particularly serious or sensational cases.

4. Political municipalities and school municipalities shall provide information according to their respective regulations.

1. Every person has the right to access official records.

1. The public authority grants access to official documents through

1. on-site inspection

2. written or oral information about the content

3. the delivery of official documents in copy or, exceptionally, in original

2. The claim pursuant to paragraph 1 is deemed fulfilled if the official documents have already been published by the public authorities in an official publication medium, on the website, or in a similar manner.

1. Granting of access is deferred, restricted, or denied insofar as overriding public or private interests oppose it.

2. Public interests include, in particular

1. public order and security

2. the effectiveness of state-ordered measures that is directly endangered

3. Private interests particularly include

1. the protection of the privacy of third parties

2. the protection of professional, business, or manufacturing secrets

4. These exceptions apply only to the protected part of the official records and only for as long as the overriding interest in confidentiality exists.

1. Inspection of official records is only granted once the political or administrative decision or resolution for which they form the basis has been made.

2. Inspection of official records concerning positions in ongoing and future negotiations is not granted.

3. Protocols of parliamentary committees are made public after the conclusion of their deliberations, after acknowledgment or after the final vote in Parliament, and where applicable, upon the expiration of the referendum deadline or after the public vote.

4. Protocols of municipal and cantonal supervisory committees are not public.

1. The request for access to official records must be addressed in writing or electronically to the public authority that created or owns the records.

2. The request does not need to be substantiated.

3. It must contain at least

1. The name, first name, and a delivery address of the requesting person

2. The exact designation or identifiability of the requested records as precisely as possible

4. The public authority may require the requesting person to clarify the request within 20 days; otherwise, the request shall be deemed withdrawn.

5. No action will be taken on vexatious or abusive requests.

1. Official documents containing personal data of third parties should be anonymized or not made available for inspection whenever possible.

2. If the personal data cannot be anonymized or not made available for inspection, or if there is an overriding public interest in examining official documents, the request must be assessed according to the TG DSG. The affected person must be heard beforehand.

3. The public authority shall inform the applicant about the conduct of the hearing.

1. The public authority shall respond to the application within 20 days. The deadline may be extended by 20 days. The public authority shall inform the applicant of any extension of the deadline.

2. It shall notify the applicant or the person consulted pursuant to § 13, with a brief written or electronic justification, whether, to what extent, and in what form the application will be granted.

1. The requesting party, whose access to official records is postponed, restricted, or denied, or whose request has not been processed in a timely manner, as well as the person consulted under § 13, against whose will the public authority intends to grant access to records, may submit a mediation request to the Data Protection and Public Access Commissioner.

2. The mediation request must be submitted in writing or electronically within 20 days of receiving the statement or after the deadline set for the public authority to provide the statement has passed.

1. The Data Protection and Public Access Officer determines whether the public authority has processed the request lawfully and appropriately. The public authority provides him or her with the necessary official documents and may supplement its statement. He or she also has the right to inspect official documents that are confidential.

2. He or she hears the parties involved in the conciliation procedure and seeks to reach an agreement between them. He or she may present proposals.

3. If an agreement is reached, the procedure is considered concluded.

4. The parties are obliged to contribute to the adherence to deadlines, to participate in the search for an agreement, and to attend the conciliation hearing. If the applicant does not attend the hearing pursuant to § 15 para. 1, the conciliation request is considered withdrawn and the procedure is deemed concluded.

5. The procedure can be conducted in writing or orally. The Data Protection and Public Access Officer determines the outcome of the procedure and communicates it to the parties in writing or electronically.

1. If no agreement is reached, the Data Protection and Public Access Officer shall issue a written recommendation to the parties involved in the mediation.

2. The Data Protection and Public Access Officer may particularly recommend that

1. access to certain official records be granted,

2. certain official records or contents be anonymized,

3. restrictions on access to records be maintained,

4. before deciding on record access, a hearing pursuant to § 13 be conducted with the affected third party,

5. the issue of fees or advance costs be reassessed.

3. The recommendation must not contain any information that could impair the protected interests under § 10 paragraphs 1 and 2.

4. The Data Protection and Public Access Officer publishes the recommendations and ensures the protection of personal data of the parties involved in the mediation process.

1. The applicant or the person consulted may request a decision in writing or electronically within 20 days of receiving the recommendation.

2. The public authority follows the recommendation or issues a decision if it wishes to differ from the recommendation by postponing, restricting, or denying the right to inspect official documents, or by granting access to an official document that contains personal data.

3. The public authority follows the recommendation within 30 days or issues a decision within 30 days of the delivery of the recommendation or receipt of the request pursuant to paragraph 1. The public authority shall submit the decision and any decisions from appellate instances to the Commissioner for Data Protection and Access to Information.

1. Access to official records is generally free of charge.

2. If access to the records involves significant effort, the public authority may charge an appropriate procedural fee and require an advance payment of costs. The applicant must be informed of this in advance. If the advance payment is not made within the deadline, the request will not be processed.

1. Subject to differing provisions in this law, the procedure and legal protection are governed by the Administrative Jurisdiction Act (VRG). The appellate authorities also have the right to access official records that are subject to confidentiality.

2. The Administrative Court adjudicates complaints against decisions pursuant to § 18 of the Government Council, the Higher Court as the first instance, and the Appeal Commission in attorney matters.

3. The Higher Court adjudicates complaints against decisions pursuant to § 18 of Justices of the Peace, District Courts, the Coercive Measures Court, Child and Adult Protection Authorities, and the Administrative Court as the first instance.