Truncated Transparency Crumbles - Akin to a Weakened Tree Trunk
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In the heart of Europe, Germany, a country renowned for its commitment to democracy and transparency, is grappling with the progress and challenges of its proposed Transparency Law.
Currently, Tobias Keber serves as the State Commissioner for Data Protection and Freedom of Information. His role is central to the Transparency Law, yet, as of August 2025, the law's key transparency-related measures, including a legislative "footprint" to document and disclose external inputs to legislation, remain in progress and have not been fully implemented [1].
The German Federal Cabinet adopted provisions aiming at this transparency as part of the coalition agreement for the 20th legislative term on March 6, 2024. However, GRECO (Group of States against Corruption) reports that these transparency recommendations remain not implemented or only partly implemented [1].
The Transparency Law's implementation timeline is uncertain, with no definitive enactment date confirmed yet. However, related transparency laws like the EU Pay Transparency Directive must be transposed by member states, including Germany, by June 7, 2026. This directive mandates salary range disclosures and gender pay gap reporting, with phased reporting deadlines starting in 2027 for large employers [5].
Broader transparency-related laws, such as the Corporate Sustainability Reporting Directive (CSRD), are still at the draft stage as of mid-2025, with bills presented but not yet passed into law [2][3].
The Transparency Law is intended to ensure appropriate access to information from public administration and proactive publication of data. However, districts and municipalities hesitate to implement transparency measures due to fears of additional bureaucracy.
The CDU, a prominent political party, committed to further developing the state's freedom of information law into a transparency law in the 2021 coalition agreement. Since July 2023, Tobias Keber, the State Commissioner for Data Protection and Freedom of Information, has not found enough support among the coalition parties to move forward with the transparency law [6].
Leading experts, like information law specialist Friedrich Schoch, consider transparency crucial for democracy. Despite this, the Transparency Law remains stuck in the whirlpool of half-knowledge and prejudices [7].
The historical development of the rolling suitcase could potentially serve as an analogy for the slow progress of transparency legislation in the present day. The development and widespread use of the rolling suitcase took a long time due to factors such as the availability of cheap labor and the desire to demonstrate strength and power [8].
In contrast, Baden-Württemberg, a German state, was a pioneer in data protection in 1980, with the appointment of the first state data protection officer, Ruth Leuze [3]. More recently, the foreigner's office in the state capital has introduced a new digital application and inquiry management system, improving service quality for customers [4].
The CDU/CSU/SPD coalition has abandoned the idea of completely abolishing the Freedom of Information Act and instead plans to reform the existing regulations "with added value for citizens and administration" [9]. Winfried Kretschmann, the Minister President, compares the acceptance of the rolling suitcase to the transparency law, suggesting that time and education are key to overcoming resistance [9].
References:
- GRECO Reports
- CSRD Draft Bills
- Baden-Württemberg Data Protection History
- Digital Application System
- EU Pay Transparency Directive
- Transparency Law Support
- Transparency Law Challenges
- Rolling Suitcase History
- Coalition Agreement 2021
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