Information reuse law

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Basic data
Title: Law on the re-use of information from public bodies
Short title: Information reuse law
Abbreviation: IWG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Commercial law
References : 772-3
Issued on: December 13, 2006
( BGBl. I p. 2913 )
Entry into force on: December 19, 2006
Last change by: Art. 1 G of 8 July 2015
( Federal Law Gazette I p. 1162 )
Effective date of the
last change: 		July 17, 2015
(Art. 2 G of July 8, 2015)
GESTA : E010
Please note the note on the applicable legal version.

The German Information Further Use Act (IWG) serves the further use of information from public authorities of the federal and state governments in Germany. The law implements Directive 2003/98 / EC on the re-use of information from the public sector ( OJ EC L 345 of December 31, 2003, p. 90) largely unchanged. This guideline was to be implemented by July 1, 2005. The law came into force on December 19, 2006.

Legal motives

The aim of the directive is the development of the information society . At the same time, the use and exploitation of information from public bodies in the EU is intended to increase added value by 68 billion euros. The Federal Republic of Germany alone should account for 2 billion euros of this due to geodata.

The public authorities are allowed to use their data economically, but no longer exclusively.

competence

The Federal Government has based its competence to implement the directive on economic law in accordance with Article 74 (1) No. 11 of the Basic Law .

regulation

The law does not grant access to the information. The Freedom of Information Act (IFG) and the Environmental Information Act (UIG) as well as a few other laws provide this access . However, access to information does not immediately entitle it to further use.

Further use of the information is subject to the reservation of fees according to Art. 6 of the Directive. The public authorities are therefore at liberty to demand fees or charges for further use. For this, however, the transparency, equal treatment and abuse prohibitions must be complied with. The further use can still be made dependent on conditions if this does not contradict the mentioned requirements and prohibitions.

According to Section 1 (2) IWG, further use is not permitted if there is no right of access to the information, if access is only permitted with evidence of a legal or professional interest, if the creation of the information does not fall within the remit of the public body called, if the information represents a work protected by copyright or if the information is in the possession of public broadcasters ( ARD , ZDF , etc.), educational and research institutions or cultural institutions (museums, etc.).

For the interaction of the Information Further Use Act and the Copyright Act , this means: "If the works are in the public domain within the meaning of § 5 UrhG, these may be used without further ado." Accordingly, there is a right to further use of information if a case under § 5 Para. 1 UrhG is to be answered in the affirmative.

The directive was amended by Directive 2013/37 / EU . This change was implemented by the First Act to Change the Information Further Use Act ( BGBl. 2015 I p. 1162 ).

Definitions of terms

The term definitions can be found in § 2 IWG:

The concept of the public body is drawn widely. This includes regional authorities such as municipalities, rural districts, urban districts, the state and the federal government as well as special funds such as B. the special fund Deutsche Bundespost. However, it also includes legal persons under public and private law if they perform tasks in the general interest and are financed by the public sector. Ultimately, this also includes the associations whose members either include regional authorities or the aforementioned legal entities.

Re-use ( § 2 No. 2 IWG) within the meaning of the law is understood to be any use of information "that goes beyond the fulfillment of public tasks and is generally aimed at obtaining payment". Only the perception and the insight into the depicted contexts and the consequent utilization of the knowledge are no further use.

Every citizen of the European Union and every natural or legal person with residence or seat in a member state is entitled ( § 3 Paragraph 1 Clause 1 in conjunction with § 2 No. 5 IWG).

Legal process

At the request of the Federal Council , Section 5 IWG (now Section 7 IWG) was inserted, according to which administrative legal channels must be taken in the event of disputes arising from this law .

criticism

Critics complain that above all things that are taken for granted have been standardized (e.g. the equal treatment that can already be derived from Art. 3 GG), but in the case of exclusive contracts, clauses which can be interpreted widely allow the retention of monopoly positions.

Furthermore, there are areas in which data treated by this law - since it was obtained or organized with public funds - fall under the requirements of Open Access .

IWG in Austria

In Austria, the IW guideline was implemented by the federal law on the further use of information from public bodies (Informationsweiterverwendungsgesetz - IWG). The Austrian IWG came into force at the federal level on November 19, 2005.

See also

literature

  • Johannes Öhlböck: Law on the further use of information, practical comment . Linde, Vienna 2008, ISBN 978-3-7073-1340-6 .
  • Jürgen Fluck, Andreas Theuer: Freedom of information law with environmental information and consumer information law, IFG / UIG / VIG / IWG, EU, federal and state regulations, international law, case law. Comment. Status: 24th act. 2008, CF Müller Verlag, Heidelberg, ISBN 978-3-8114-9270-7 .
  • Heiko Richter: Information further use law: IWG. CH Beck, Munich 2018, ISBN 978-3-406-70017-0 .

Web links

Individual evidence

  1. ↑ Reasons for the IWG, BT-Drucks. 16/2453 , p. 11.
  2. ↑ VGH Baden-Württemberg, judgment of May 7, 2013 - 10 S 281/12 para. 41