Summaries of selected statements | 47
use the individual self-service solution, information
about the options for submitting applications on behalf of others, links to relevant legislation and clearer
information about which authority is responsible for
the individual page and how the authority may be
contacted.
In addition, the Agency informed the Ombudsman
that, in this connection, it would also increase its effort
to inform the authorities about their responsibility in
relation to information and guidance about their digital
self-service solutions on www.borger.dk.
The Ombudsman noted, among other things, that the
Agency for Digitisation has a coordinating responsibility across the www.borger.dk portal. In his opinion the
measures about which the Agency had informed him
were very relevant. In the light of the statement from
the Agency, the Ombudsman took no further action
on the matter on the available basis.
2019-28. Prospective cost estimates in
memorandum on Government’s climate
and air package exempt from access
The Ministry of Finance denied a journalist access to a
memorandum from the Ministry for the Government’s
Coordinating Committee on how much it was estimated the costs of the climate and air package would
necessitate drawing on the fiscal space. The Ministry
decided the case in accordance with the provisions
of the Environmental Information Act and the 1985
Access to Public Administration Files Act.
The Ministry did release some of the information in
the memorandum in accordance with the provision of
the Access to Public Administration Files Act on the
requirement to extract and grant access to information about factual circumstances. However, the Ministry declined to release the remaining information
on the grounds that the information was specific cost
estimates which were only forecasts subject to great
uncertainty. The Ministry further stated that the information was the Ministry’s own estimates of how
an actual course of events or factual circumstances
would change and that the information could not be
considered part of the factual basis of the case.
The Ombudsman had no grounds for criticising the
Ministry’s assessment that those parts of the memorandum that contained the forecasts and cost estimates were not subject to extraction. The Ombudsman essentially found that the memorandum did not
contain any information which was to be released in
addition to the information to which the journalist had
already been granted access.
In this connection, the Ombudsman stated that previous Ombudsman practice regarding extraction
expressed in two Ombudsman cases from 2004 and
2005, respectively, could not be fully upheld. In the
Ombudsman’s opinion the overriding principle must
be that an authority’s specialist assessments and estimates etc. of the nature concerned regarding future
circumstances cannot be considered to be subject to
extraction.
Ministry of Defence
No statements on cases concluded in 2019 have
been published.
Ministry of Justice
The following statements on cases concluded in 2019
have been published:
2019-3. Significant errors in press handling by
Ministry of Justice did not serve to underpin
confidence in Prosecution Service
On 28 June 2018, the Minister of Justice endorsed
a recommendation from the Director of Public Prosecutions to bring a case before the courts under
section 78 of the Constitution to have a criminal gang
dissolved as an association.
The Ministry of Justice gave the news to two selected
media as an exclusive, and it was agreed when the
news could go public. The two media were sent a
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