Facts

The Swiss Broadcasting Corporation SRF and [A.] , an editor of the regional journal Graubünden, requested access to various official documents and correspondence with the Office for Industry, Commerce and Labour of the Canton of Graubünden (KIGA) and the operators of the "Designer Outlet Landquart" in connection with Sunday work there. The SECO (State Secretariat for Economic Affairs) denied access to part of the documents. The Federal Administrative Court partially overturned the SECO's decision and instructed the SECO to grant access to three documents. The complainants appealed the remaining part of the decision, in which access was denied, to the Federal Supreme Court.

Considerations

The Federal Supreme Court concluded that access to documents Nos. 5, 13, 20 and 21 may be denied, as disclosure of these documents could impair the relations between the Confederation and the Canton of Graubünden. At the time, the Canton of Graubünden did not have a principle of public access, so…