Sun, Nov. 01, 2009

German FOIA Protects Bush Administration

CK - Washington.   A German journalist petitioned the German federal transportation ministry, Bundesminister für Verkehr, Bau und Stadtentwicklung, for the release of information on traffic data relating to 20 identified aircraft. The planes were allegedly registered in the United States and used by a secret service from 2001 through 2005 to transfer person between undisclosed locations.

The German federal administrative supreme court, Bundes­verwaltungsgericht, approved the rationale of the lower courts while vacating their decisions and remanding the matter on October 29, 2009.

The court agreed in the matter T. v. Federal Republic of Germany, docket number BVerwG 7 C 22.08, with the lower courts and the government that the government may withhold information otherwise releasable under the German freedom of information statute if the disclosure would harm Germany's external relations with other nations. The court published a press release but its written opinion will follow later.


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