The European requirements on freedom of information do not only include files that are available on paper or digitally, or e-mails. Interpersonal communication, for example via SMS, Twitter direct messages and chats via messengers such as WhatsApp, Facebook, Threema and Signal are also subject to the EU regulation of 2001 “on access the public on European Parliament, Council and Commission documents “.

” Reality of modern communication ” This has been decided by the EU Ombudsman Emily O’Reilly in response to a complaint from FragDenStaat, as the makers of the transparency portal announced on Monday. Accordingly, the EU committees and subordinate institutions must in future also process and save such direct communication, mostly exchanged via smartphone, and make it accessible on request.

The European Information Act refers to “content regardless of form of the data carrier “and so clearly includes SMS and direct messages, stated O’Reilly. The EU institutions must “make the best possible effort to take into account the reality of modern communication” and the increasing use of instant messaging, for example, “in their documentation management rules and practices”.

Governing by smartphone is everyday life FragDenStaat had previously made a request for freedom of information about messages from former EU Council President Donald Tusk, which he shared Had exchanged heads of state and government of the member states. The Council of Ministers denied the request because it did not have any text messages or direct messages containing “substantive information”. It had previously been reported that an SMS from Tusk 2015 should even have decided negotiations on a rescue package for Greece.

Govern by smartphone has long been part of everyday life. Chancellor Angela Merkel and Commission President Ursula von der Leyen (both CDU) are not the only ones who are known for exchanging ideas with employees and colleagues via direct messages and SMS. The Bavarian Prime Minister Markus Söder (CSU) should also start his working days with several SMS to his staff and these with the brief greeting “Gumo!” initiate. This is usually followed by various work orders.

Department does not accept decision The decision fits in with the judgment of the Berlin Administrative Court , according to which authorities in this country also have to issue Twitter direct messages in accordance with the Federal Freedom of Information Act (IFG). Here FragDenStaat sued the Federal Ministry of the Interior and got the right in May.

According to the activists, the Interior Ministry does not accept this decision and has applied for a jump appeal to the Federal Administrative Court. This is expected to decide in the coming year on the fundamental question of the transparency of direct communication with the authorities. Until then, a parallel lawsuit by FragDenStaat for access to e-mails from Federal Interior Minister Horst Seehofer (CSU).

(tiw)