98 ANNUAL REPORT 2017 independently as a dentist in Denmark on the grounds of inadequate Danish language proficiency. According to the relevant executive order, the dentist had to ‘pass’ a test of his language/communicative skills (a Danish language test). However, the Danish Patient Safety Authority and the Ministry required the dentist to pass the language test and achieve at least the marks 7 and 10 (equivalent to C and B, respectively, on the ECTS scale). That was stated on the Authority’s website. The dentist had passed a Danish language test but had not achieved at least 7 and 10. He complained to the Ombudsman, who stated that the word ‘pass’ in the executive order was to be understood as meaning ‘achieve a minimum mark of 02’ (equivalent to E on the ECTS scale), which is the pass mark on the marking scale used by educational establishments in Denmark. Therefore, the executive order did not authorise an interpretation that a higher minimum mark than 02 was required. The case also occasioned the Ombudsman to comment that an authority cannot establish new requirements (or rights) for citizens on its website. The Danish Patient Safety Authority has now amended the executive order so that the specific language test to be taken and the minimum marks to be achieved are directly stated. 2017-8. Case concerning access to document from 1997 should have been investigated in more detail before access was denied A man complained to the Ombudsman because the Ministry of Health had denied him access to a statement of 4 February 1997 from the Danish Health Authority to the Ministry of Health. In its decision, the Ministry referred to the provision of the Access to Public Administration Files Act on ministerial advice and assistance. The statement of the Health Authority had been made as a contribution to the Ministry’s answer to a parliamentary question on the state of the law in relation to the circumcision of boys. The man pointed out to the Ministry of Health that the statement of the Danish Health Authority had been made available to third parties as it was enclosed with a letter from the Ministry sent in 1999 to, among others, the

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