From September 2025, Austria will also have a constitutionally guaranteed right to information from the state: https://www.ris.bka.gv.at/Dokument.wxe?Abfrage=BgblAuth&Dokumentnummer=BGBLA_2024_I_5

Official confidentiality, which has been enshrined in the Federal Constitution B-VG since 1925, is abolished shortly before its 100th anniversary. The new Article 22a of the Federal Constitution B-VG introduces a constitutional obligation to actively disclose information for the organs of the federal and provincial administration, the ordinary and administrative courts and the Constitutional Court, as well as a constitutionally guaranteed right and thus fundamental right of access to information. In future, this should make Austria's regularly poor performance in international transparency rankings a thing of the past and bring about a paradigm shift towards a transparent state. Only municipalities with fewer than 5,000 inhabitants are excluded from the proactive information obligation, as it is feared that their capacities would be overstretched, particularly from a technical point of view.

Article 22a (1) B-VG foresees that "Information of general interest must be published proactively in a way that is accessible to everyone". The term "information of general interest" is defined in the Federal Act on Access to Information (Informationsfreiheitsgesetz- IFG), which will also come into force, and includes information that is relevant to or concerns a general group of people, such as official statistics, but also studies, polls or contracts. This information is made accessible in an information register that is run at federal level.

The right of access to information includes any record serving official or business purposes within the institution's sphere of influence, regardless of its form. Both the publication requirement and the right of access to information can still be subject to a confidentiality obligation if this is necessary, for example, in the interests of order and security, to prepare a decision, to prevent significant economic or financial damage to a public authority or to protect the overriding legitimate interests of another party, such as data protection or trade secrets.

The right of access to information also applies to organizations that are subject to the control of the Court of Audit or the regional Courts of Audit. Access to information also does not have to be granted if the request is obviously willful or extremely time-consuming. It must be granted within four weeks of the request; this period may be extended by a further four weeks for special reasons. If access is not granted, an application can be made for a negative decision, which can be appealed to the administrative court. The data protection authority will assume an advisory and supportive role for the organs obliged to provide information as the information commissioner called for by various parties has not been introduced.

If the Federal government wishes to make more detailed regulations in areas within the legislative competence of the Länder due to the need for standardized rules, the Länder must give their consent. It is also possible for the Länder to adopt deviating laws if this is necessary.