Confidentiality of the deliberations
Confidentiality of advice (also confidentiality of advice or confidentiality of advice ) is an indefinite legal term and includes the advisory and weighing processes, i. H. the consultation process or course, but not the subject of the consultation, the factual information on which the consultation is based or the consultation result. It is sometimes assumed that consultations are always confidential. In other cases, confidentiality is only seen if the subject of the consultation is of particular importance. However, the prevailing view is that confidentiality can be required if disclosure would unreasonably impair the advisors' ability to work and perform their tasks.
content
The term covers the processes of internal expression of opinion and decision-making that contribute to decision-making in terms of content. The protection is subject to evaluation of interests and weighting of individual weighing factors, the disclosure of which could influence the decision-making process. The protection applies above all to the actual consultation process with the process of thinking, i.e. the discussion, deliberation and weighing up. Information is protected if it relates to decision-making and weighing and thus enables reliable conclusions to be drawn about the formation of opinions. The subject of advice that is not protected against this includes the factual information collected in advance or expert opinions as the basis for forming a will, the subject of advice and the result of the advice. These can also be subject to confidentiality, but then due to different legal provisions.
Legal situation in Germany
In Germany, the term has a special meaning in Section 3 (3) of the Freedom of Information Act and in Section 8 (1) of the Environmental Information Act , which protects the confidentiality of the advice of bodies obliged to provide information.
According to a decision by the OVG Schleswig, the confidentiality of consultations is only justified if the subject of the consultation is of particular importance. Most other courts consider deliberations confidential if publication would impair the open formation and exchange of opinions in deliberations.
See also
Individual evidence
- ↑ a b Federal Administrative Court: judgment of 02.08.2012 (BVerwG 7 C 7.12). In: www.bverwg.de. December 6, 2012, accessed November 29, 2018 .
- ^ A b Albrecht Jaus: Public concerns as barriers to information access claims . Berliner Wissenschaftsverlag, Berlin 2016, ISBN 978-3-8305-3639-0 ( limited preview in the Google book search).
