72 | Annual Report 2018
The Ministry of Justice subsequently informed
the other ministries of its views and published the
information on the Public Access Portal and on
www.retsinformation.dk, the official legal information system of the Danish state.
Both the regional police force and subsequently the
National Police maintained that if the police officer
had intended to express his views in a private capacity,
he should have made sure that it appeared in the
article that this was what he had done.
2018-20. Remarks made by police officer to newspaper appeared as if made on behalf of police force.
Summoning police officer to disciplinary hearing
not an infringement of public employees’ freedom
of expression
A local police officer expressed his views to a news
paper on the effects of a duty system which had recently been adopted for police officers in the area.
In the resulting article, the police officer was quoted
with reference to his being a local police officer.
In the Ombudsman’s opinion the quotation in the
article was most likely to be understood as the police
officer making statements on behalf of the police
force. In addition, the Ombudsman took for his basis
that the police officer had not informed the newspaper
that his remarks were made in a private capacity and
not on behalf of the police force.
The regional police force found that the police of
ficer’s remarks appeared as if they had been made
on behalf of the police force. The police officer was
therefore summoned to a disciplinary hearing, at
which it was stressed that in accordance with the
press policy of the regional police force, contact with
the press was the responsibility of the management
and that employees could only make statements to
the press with prior permission of their immediate
superior.
The police officer was of the opinion that he had
expressed his views in a private capacity and that
the police force was restricting his freedom of
expression as a public employee. For this reason, he
complained about being summoned to the disciplinary hearing, stating, among other things, that he
had no control over what job title was stated in the
newspaper article. In addition, he found that it was
of no significance whether he was quoted as a police
officer as the local population knew who he was
anyway, among other reasons because he was on the
local council.
On that basis, and because the police officer had not
obtained prior permission to make statements on
behalf of the police force – as required by the press
policy – the Ombudsman could not criticise that the
police officer had been summoned to a disciplinary
hearing.
2018-27. Internal specialist assessment for use in
connection with response to press enquiry was not
part of case comprised by section 29 of Access to
Public Administration Files Act
The Ministry of Justice had denied three journalists
access to documents concerning the Ministry’s communication with the Ministry of Immigration and Integration on account of an enquiry from a newspaper.
The newspaper wished to publish a story about the
press release issued by the Minister for Immigration
and Integration on 10 February 2016 about separate
accommodation of young asylum-seeking couples.
The documents of the case were internal documents
and ministerial advice and assistance documents,
which are in principle exempt from access. One of the
documents contained an internal specialist assessment in final form. However, the question was whether
this assessment was part of a case about a political
initiative comprised by section 29 of the Access to
Public Administration Files Act and was thus subject
to extraction.
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