🗂️ Access to files
In brief
You are a party to a procedure. Then you may look at the file. Condition: you need the knowledge to assert or defend your rights.
Drafts and preparatory work are excluded until the procedure ends. The authority can also refuse access, for example where secrecy is necessary.
You may make copies by hand or ask for photocopies. The authority can charge you for the costs.
Step by step
- Make the requestIn writing to the authority; state the procedure and file number.
- State the purposeFor example: preparing an objection.
- Clarify appointment or sendingInspection at the authority; exceptions are possible.
- Request copiesMake extracts yourself or obtain photocopies.
Deadlines
- The authority may refuse access on certain grounds (§ 29 Abs. 2 VwVfG (federal; Länder: Art. 29 BayVwVfG, § 29 VwVfG NRW, Berlin VwVfG Bln, see overview)).
- Drafts and preparatory material are excluded until the procedure is concluded.
- Costs for copies are possible; amount not checked here.
- Separate rules apply to data access under the GDPR (DSGVO) and access to information under the IFG.
In depth · legal basis, figures and practice – for advisers and professionals
Entitlement
Under § 29 Abs. 1 VwVfG (federal; Länder: Art. 29 BayVwVfG, § 29 VwVfG NRW, Berlin VwVfG Bln, see overview), the authority must allow the parties to inspect the files relating to the procedure, to the extent that knowledge of them is necessary to assert or defend their legal interests. Until the procedure is concluded, this does not apply to drafts of decisions and the work directly preparing them. Under § 29 Abs. 2, the authority can refuse access if it would impair the proper performance of its tasks, would be detrimental to the welfare of the Federation or a Land, if matters must be kept secret by law, or if legitimate interests of the parties or third parties so require. Inspection takes place at the authority holding the file (para. 3).
Social law
§ 25 Abs. 1 SGB X corresponds to this in essence. Under para. 5, parties can make extracts or copies themselves or have photocopies provided by the authority; for electronic files, the authority can offer different forms of access, and it can demand reimbursement of costs.
A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.