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Lisbeth Adserballe
Head of Division
Lise Puggard
Special Legal Advisor
It is not easy to understand the provisions for access to public
files. Even among professionals, the Access to Public Administration Files Act is considered complex. But one area which
is especially troublesome is extraction. That is the exercise of
assessing whether a document, which can otherwise be kept
confidential, contains information about the factual grounds
for a case, etc. Normally, the authorities are obliged to extract
and give access to such information. In practice, it is mostly
done by the authorities blocking out with a marker pen the
information which is not to be extracted.
Extraction means that the
authorities extract certain data
from a document and give access
to that information even if the
document is basically confidential. In practice, this is mostly
done by the authorities blocking out with a marker pen the
information which is not to be
extracted.
At the Ombudsman institution, we often find that the authorities struggle to
extract information correctly. Still, not only the authorities find it difficult. Extracting causes much fundamental deliberation and debate at the Ombudsman
institution as well.
That was the situation with the previous Access to Public Administration Files
Act, and it still is. However, it is fair to say that the problem has grown because
the actual extraction exercise now has to be applied to more types of documents;
not least documents that fall within the new regulation on ministerial advice
and assistance in section 24 of the Access to Public Administration Files Act.
A LOOK AT THE PROVISIONS
It is section 28(1), first sentence, of the Access to Public Administration Files
Act that establishes the authorities’ obligation to give access to information about
the factual grounds for a case. Also if the document is basically confidential.
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