German Government Refuses FOI Request By Pointing Out Document Already Leaked
from the well-played dept
Freedom of information requests are a powerful way of finding out things that governments would rather not reveal. As a result, requests are often refused on a variety of grounds, some more ridiculous than others. The Netzpolitik blog points us to a rather unusual case concerning a request by the politician Malte Spitz for a letter from the Chief of Staff of the German Chancellery to members of a commission investigating intelligence matters. The request was refused on the grounds that the document was already freely available (original in German):The information you requested may be obtained free of charge on the Internet by anyone, in a reasonable manner. The letter from the Chief of the Federal Chancellery, Federal Minister Peter Altmaier, to the chairman of the first committee of inquiry of the 18th legislature, Professor Dr. Sensburg, is publicly available and published in full at the following link:The Netzpolitik link included there leads to an article that a few weeks earlier had not only leaked the document requested by Spitz, but also noted wryly that the letter from Altmaier threatens anyone leaking documents with legal action.
https://netzpolitik.org/2014/drohung-des-bundeskanzleramtes-wir-veroeffentlichen-den-brief-in-dem-uns-altmaier-mit-strafanzeige-droht/
The German bureaucracy should be applauded for taking the adult view that once a document is leaked, it is publicly -- and officially -- available. This contrasts with the childish attempts by the British government to pretend that Snowden's leaks never happened, and its refusal even to pronounce the name of some of the surveillance programs he revealed.
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Filed Under: foia, freedom of information, germany, leaks
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Well played indeed
That is how you show respect to those kinds of laws, and the public that is using them, and showcases the proper, and reasonable, response to leaked documents, totally contrasting against how the US and UK handle them.
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Re: Well played indeed
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the one big difference is the 'free world countries' still condemn countries that exercise the 'no freedom, no privacy, censored' existence when they are doing the exact same thing, using 'terrorism' as the excuse! there is no excuse for not having freedom, not having privacy and being censored! that makes these governments worse than in the countries they condemn!!
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Re: Well played indeed
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Re: Re: Well played indeed
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Implicit Confirmation
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Re: Implicit Confirmation
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Re: Implicit Confirmation
Our government has threatened to prosecute even in cases of information that was long public--in some cases that was published formally by the government itself. Comes to mind a threat to prosecute someone if they dared to quote a public Supreme Court decision.
So, what if you publish a copy of that "illegally published" leak?
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