How to Use European Freedom of Information Laws

What "freedom of information" means in Europe

Freedom of information (FOI) laws give the public a right to see documents held by government and public bodies. In Europe the right operates on two levels: the rules that apply to the institutions of the European Union, and the separate national laws that apply within each country. A journalist or citizen researching a subject that crosses borders often has to work with both. The informal term "wobbing" for making such requests comes from the Dutch Wet openbaarheid van bestuur (WOB), the country's open-government act, and has been adopted across the European reporting community.

Access to EU documents: Regulation 1049/2001

Access to documents held by the main EU institutions is governed by Regulation (EC) No 1049/2001. It gives any citizen of the Union, and any natural or legal person residing or based in a member state, the right to request documents from the European Parliament, the Council and the European Commission.

• Making a request. Applications can be made in writing in any of the official EU languages, and the applicant does not have to give a reason.
• Response time. The institution must normally reply within 15 working days, either granting access or explaining why it is refused.
• Exemptions. Access can be withheld to protect interests such as public security, defence, international relations, privacy and commercial confidentiality, and to protect an institution's ongoing decision-making.

If a request is refused: the confirmatory application

When an EU institution refuses access wholly or in part, the applicant can ask it to reconsider by making a "confirmatory application", normally within 15 working days of the reply. The institution then reviews its own decision. If it still refuses, two further remedies are open: a complaint to the European Ombudsman, or an action for annulment before the General Court of the European Union. Each has its own procedure and time limits.

National freedom of information laws

Most European countries also have their own access-to-information statutes covering national, regional and local authorities. These vary widely: some presume that all official documents are public unless an exemption applies, while others are narrower. Response times, fees and appeal routes differ from country to country, so it is worth checking the specific national law before sending a request. Details for individual jurisdictions, such as freedom of information in Switzerland, are collected on the country pages.

Practical steps for a successful request

• Identify the right authority. Work out which body actually holds the information; a request sent to the wrong office wastes time.
• Be specific. Name the documents, subject and dates as precisely as possible so the request cannot be dismissed as too vague.
• Keep records. Note when the request was sent and the date a reply is due, so a missed deadline can be challenged.
• Anticipate exemptions. If sensitive material is involved, be ready to argue that the public interest favours disclosure.
• Appeal refusals. A first refusal is rarely the end; internal reviews, ombudsmen and courts overturn decisions regularly.

Public platforms can help: services such as WhatDoTheyKnow publish requests and the responses to them, creating a searchable record that others can build on.

Frequently asked questions