82 | Annual Report 2018
In the Ombudsman’s opinion it was most likely that the
memorandum was an administrative measure which
was likely to affect the elements of the environment,
cf. section 3 paragraph (3) of the Environmental Information Act, which meant that it was comprised by the
concept of ‘environmental information’. In addition, the
calculations and assumptions used in connection with
the memorandum were environmental information in
themselves, cf. section 3 paragraph (5) of the Act.
journalist was entitled to access to the report in full
under the Environmental Information Act, but the Ministry decided to postpone its reply for about 10 days.
The reason was that – because the issue of disposal
of radioactive waste was politically very sensitive –
the Ministry did not want to release the report to the
journalist until it could be published on the Ministry’s
website together with a proposal for the Government’s
policy on the issue.
The files to which the journalist had requested access
concerned the way in which the Ministry had handled
the criticism that had been raised of the memorandum. The Ombudsman noted that the files concerned
questions about the professional tenability of what
was stated in the memorandum – and thus had a
close connection with the memorandum in terms of
contents. The Ombudsman was of the opinion that,
at least under these circumstances, the information
in the files was to be regarded as comprised by the
concept of ‘environmental information’.
In the Ombudsman’s opinion the Ministry was not
entitled to postpone its reply to the journalist’s request
until the Government was ready to publish the report
together with its proposal for a long-term solution in
relation to the issue.
Further, the Ombudsman referred, among other
things, to the fact that one of the fundamental objectives of the rules on access to environmental information is more effective participation by the public in
environmental decision-making.
On that basis, the Ombudsman recommended that
the Ministry reopen the case.
Ministry of Higher Education and Science
The following statements on cases concluded in 2018
have been published:
2018-17. Ministry postponed granting access to
report on radioactive waste until Government had
policy statement ready for publication
A journalist asked the Ministry of Higher Education
and Science for access to a report prepared by an
interdepartmental working group on disposal of ra
dioactive waste. It was clear to the Ministry just under
two weeks after it had received the request that the
More specifically, the Ombudsman was of the opinion
that the way in which the Ministry had handled the
journalist’s request was contrary to the rules of law applicable to the processing of such cases and contrary
to very fundamental considerations and objectives
behind the rules on access to public records. The
Ombudsman therefore found that the way in which
the Ministry had handled the case was a matter for
extreme criticism.
In pursuance of section 24 of the Ombudsman Act,
the Ombudsman notified Parliament’s Legal Affairs
Committee and the Minister for Higher Education
and Science of the case. In addition, the Ombudsman
notified Parliament’s Higher Education and Research
Committee.
2018-29. Certain of the pop-up messages displayed
by the digital self-service system ‘minSU’ for, among
other things, applications for educational grants
were in effect decisions. The messages were subject
to the duty of registration
In the Ombudsman’s opinion the processing by the
Danish Agency for Institutions and Educational Grants
of so-called premature applications for educational
grants by means of the self-service IT system ‘minSU’
was in some respects incompatible with the require-
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