Obligation to provide information
The obligation to provide information is a legally standardized right to receive information from or about a specific legal or natural person. The obligation to provide information can also relate to information on a specific issue.
Statistical information
Due to the statistical information obligation, there is a legal obligation to provide the information required within the framework of official statistics. The obligation to provide information is a permissible interference in informational self-determination according to the census judgment . The Federal Statistical Office in Wiesbaden has published some statistics and reports on the Internet.
Legal basis
The legal basis is § 15 BStatG ( law on statistics for federal purposes ). Accordingly, it can be regulated in the respective statistic law (e.g. environmental statistic law) whether answering the questions is voluntary or whether there is an obligation to provide information.
In addition, there is an independent fine standard in Section 23 of the Federal Statistics Law. This makes it possible
- the non-delivery
- the late delivery
- incorrect information
- the non-use of the official form
to be punished with a fine of up to 5,000 euros.
Corresponding statistics are usually carried out by the statistical offices of the federal and state governments. Other authorities (e.g. the Deutsche Bundesbank - reports in foreign trade ) also carry out corresponding surveys.
criticism
In the context of the discussion on reducing bureaucracy , the statistical reporting obligations, especially of companies, have been criticized again and again. As a result, various statistical offices are trying to alleviate this political pressure by only pursuing the obligation to provide information in the event of gross violations. However, this harbors a major risk of a falling response rate and the associated deterioration in data quality.
Information in the administrative procedure
Tax law
In tax law there is an obligation to provide information for natural and legal persons (e.g. § 93 AO ). In addition to the general obligation to cooperate, those involved in tax proceedings and other persons must provide the tax authorities with the information that is required to determine a fact that is significant for taxation. This includes in particular the obligation to submit a tax return .
Criminal law
The legal basis is the Code of Criminal Procedure . A direct right to information can exist against witnesses as long as they do not incriminate themselves.
Administrative law
The obligation to provide information results directly from the administrative procedure laws of the federal government (e.g. § 26 VwVfG) or the federal states. However, it can also result from general duties to cooperate. In addition, there are separate regulations on the obligation to provide information in the area of special administrative law (e.g. administrative enforcement law). The Telecommunications Act regulates the provision of inventory data information from providers about their customers to authorities.
Enforcement by the state
The state can enforce its right to information through the normal administrative compulsory procedure, ie compulsory payment , compulsory detention and substitute performance. In practice, the penalty payment procedure is of the greatest importance. It may only be operated as long as the information has not been given. When the investigations have been concluded (in the statistical area, e.g. recognizable by the publication of the results), the penalty payment procedure must be discontinued. For example, compulsory detention comes into question if the person obliged to provide information has to submit the affidavit in an enforcement procedure.
Building planning law
According to Section 138 of the Building Code, owners and users of real estate are obliged to provide information to the municipality as part of the planning and implementation of urban redevelopment measures.
Information in private law
The obligation to provide information can also affect private individuals among themselves.
Law of obligations
When items are handed over, there is an obligation to provide information in accordance with Section 260 of the German Civil Code . The same applies to the assignment of claims according to § 402 BGB. When the rent is increased, the landlord has information z. B. according to § 558a Abs. 2 Nr. 2 to provide. In the order, information and accountability obligations according to § 666 BGB also apply .
Family law
So are z. B. divorced spouses are mutually obliged to provide information on their income and assets ( § 1375 BGB) upon request in order to be able to determine any maintenance claims ( § 1580 BGB). The same obligation to provide information for establishing maintenance claims applies to relatives in a straight line ( Section 1605 BGB).
Inheritance law
In inheritance law , the inheritance owner is obliged to provide information in accordance with Section 2027 of the German Civil Code; as well as co-heirs have information obligations towards the other heirs ( § 2057 BGB).
General Data Protection Regulation
The right to information is regulated in Chapter 3, Art. 15, GDPR . It states that every data subject has the right to confirmation as to whether data is being stored and processed. If this is answered in the affirmative, the person has the right to detailed information. According to the new law, not only the storage of the data, but also the type of processing is subject to the right to information. A refusal of the information can be made if there is a suspicion that the request is unfounded or that this right is obviously being used excessively. If the information affects the rights and freedoms of another person, the information can also be refused.
See also
Web links
Individual evidence
- ↑ The legal regulations of the right to information. Retrieved July 24, 2018 .
