SUMMARIES OF SELECTED STATEMENTS
The Ombudsman recommended that the Ministry reopen the case in order to
consider – in the light of what he had stated – which of the information in the
internal document was subject to extraction.
The Ministry of Environment and Food subsequently reopened the case and
granted the journalist access to various parts of the document.
2017-21. Processing time of appeals body in case about access to
environmental information much too long
A journalist complained to the Ombudsman because he still had not received
a decision a year after lodging an appeal with the Environmental Board of
Appeal (now the Danish Environment and Food Board of Appeal) against a
refusal from the Danish Natural Environment Portal of access to an extract
from a database with environmental information.
Neither the Environmental Information Act nor the 1985 Access to Public
Administration Files Act sets out time limits for decisions by the appeals
body. The Ombudsman stated that for this reason, a specific assessment must
instead be made of the processing time of the Danish Environment and Food
Board of Appeal. However, the Ombudsman was of the opinion that it must
be taken into account in this assessment that the Environmental Information
Act stipulates an absolute time limit of two months for the processing of requests for access to information, and that the explanatory notes to the new Access to Public Administration Files Act – and the basic considerations behind
the very principle of free access to public records – imply that cases concerning
access to information, including appeals against decisions, must be processed
with a certain speediness.
The Ombudsman stated that in spite of the case involving questions of
fundamental importance, and in spite of a number of other circumstances
mentioned by the Danish Environment and Food Board of Appeal, a total
processing time of more than 14 months, at the time of his statement, for an
appeal against a decision on access to information was much too long and
therefore a matter for criticism.
The Ombudsman recommended that the Board expedite the conclusion of the
case to the greatest extent possible.
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