88 | Annual Report 2018
The other question was whether the foundation was
subject to the provision in section 4(1) of the Access
to Public Administration Files Act, which states that
the Act is applicable to all activities carried out by
companies etc. which are more than 75 per cent owned
by Danish public authorities, with the exception of
companies listed on a stock exchange and subsidia
ries of listed companies.
In the Ombudsman’s opinion the foundation was subject to neither section 3(1) paragraph (2) nor section
4(1) of the Access to Public Administration Files Act.
On that basis, the foundation thus did not fall within the
scope of the Act.
2018-23. Municipality’s decision not to take part in
television programmes during election campaign
did not restrict employees’ freedom of expression
A municipal chief executive informed the municipal
council and the executive board that the municipality
did not wish to take part in television programmes in
connection with the municipal elections in November
2017.
The decision was not communicated to the employees
of the municipality, either verbally or in writing. Instead,
the employees learned about the decision from press
coverage. The press coverage gave the impression,
among other things, that the employees ‘had been
gagged’ and that the municipality had refused the
press access to its workplaces.
In the Ombudsman’s opinion the municipality’s decision did not restrict its employees’ right to express
their views in a private capacity. Thus, they could still
express their views in a private capacity within the
limits described in the guidance notes on public employees’ freedom of expression issued by the Ministry
of Justice.
However, the Ombudsman stated that the press coverage might have caused uncertainty among employees
of the municipality about their right to express their
views. In the Ombudsman’s opinion it would therefore
have been most appropriate if the municipality had
taken steps immediately following the press coverage
to actively inform its employees about their right to
express their views in a private capacity.
The municipality stated to the Ombudsman that it was
very regrettable if some employees were or had been
in doubt about the scope of their freedom of expression. After being contacted by the Ombudsman, the
municipality had sent a newsletter to all its employees
informing them about the freedom of expression
which they had as public employees. In addition, the
issue of freedom of expression was discussed at a
meeting of the municipality’s top committee on contributory influence and co-determination.
On that basis, the Ombudsman took no further action
on the matter.
2018-26. Boy in care outside his home subjected to
illegal monitoring by accommodation facility and
municipality
An accommodation facility had, among other things,
taken screenshots of the mobile phone of a boy placed
in the facility and written down his conversations with
his former foster family. The facility had subsequently
forwarded the information to the municipality responsible for the placement.
The Ombudsman stated that the boy’s communication had been monitored – and that in his opinion it
had been monitored illegally because no decision had
been made by the municipality’s committee for children and young people that the boy’s communication
was to be monitored.
In addition, the Ombudsman stated that the municipality had had a very significant role in the matter and
had in his opinion contributed to a high degree to the
boy’s communication being monitored by the accommodation facility.
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