Evaluation of the Freedom of Information Act of the State of Schleswig-Holstein (IZG-SH)
In Schleswig-Holstein, the Freedom of Information Act of the State of Schleswig-Holstein (IZG-SH) regulates free access to information held by public authorities. In addition to the individual right to request information, the amendment of May 2017 introduced a proactive publication obligation requiring state authorities to publish certain types of information (e.g. guidelines, circulars, contracts, expert opinions, statistics). The amendment also introduced an evaluation clause, providing for a scientific review of the law’s impacts. The State Parliament is to be informed of the results in 2025.
In February 2022, the National Institute for Public Administration Germany (NIPAG) was commissioned to evaluate the proactive publication obligation; in April 2024, the mandate was expanded to cover the evaluation of the entire IZG-SH. The commissioning body is the Ministry of the Interior, Municipal Affairs, Housing and Sports of the State of Schleswig-Holstein (formerly Ministry of the Interior, Rural Areas, Integration and Equality).
The evaluation examined the use of the right to information and of the Transparency Portal, compared the IZG-SH with other freedom of information and transparency laws in Germany, analyzed potential conflicts with confidentiality regulations and relevant case law of the Schleswig-Holstein Higher Regional Court. Particular focus of the evaluation was placed on the administrative effort associated with information and publication obligations, as well as on identifying ways to better support public authorities in addressing current and future potential challenges.
The study followed an interdisciplinary approach based on retrospective regulatory impact assessment. Legal, social and administrative science perspectives were integrated, applying various methods of empirical social research. The data basis included metadata retrieved via API and usage data provided from the Transparency Portal, a comprehensive survey of all state authorities, and interviews with administrative staff and the State Commissioner for Access to Information. In addition to statistical analyses, text-mining methods were used to identify the most frequently accessed published content. Combining legal analyses and empirical findings, the evaluation derived evidence-based recommendations aimed at supporting public administration and further strengthening transparency in Schleswig-Holstein.
