56 ANNUAL REPORT 2013 The case shows that it can be difficult for, among others, the Ombudsman to look into the authorities’ decisions if their systems do not support the generation of so-called document lists across cases. A related problem was seen in a case from 2010 where a journalist requested access to material from the Government’s so-called Vækstforum (a development plan between the Government and the Regions) concerning the Danish primary and lower secondary schools (Case No. 2010-2605-7010). The Prime Minister’s Office and the Ministry of Education both had employees attached to Vækstforum’s secretariat, and the journalist requested access to information from both Ministries. In the case, it was taken into account that Vækstforum was an independent authority. Therefore, Vækstforum’s secretariat made a decision about access to the documents in Vækstforum’s possession. Subsequently, the Ministry of Education also made a decision in the matter. The wording of the Ministry’s decision suggested that the decision related not only to the Ministry’s own documents but also to the documents in Vækstforum’s possesSection 15 of the Access to Public Administration Files Act ‘15 Documents which are received or dispatched by an administrative authority as part of administrative case processing in connection with its activities must be registered to the extent that the document is significant in a case or in the case processing otherwise. This also applies to internal documents which are available in their final form. (2) A document covered by subsection (1) above which the administrative authority has received or dispatched must be registered as soon as possible after receipt or dispatch of the document. (3) The record system must be organised in such a way that it holds the following information about the documents which are registered: 1) T  he date on which the document was received or dispatched 2) A brief thematic description of the document’s content (4) The obligation to keep records in compliance with subsections (1), (2) and (3) above applies to national administrative authorities covered by section 2 above and municipal and regional entities which may be regarded as part of the municipal and regional central administration. (5) On the basis of negotiations with the Minister for Justice, the minister in question may lay down rules on the full or partial exemption of administrative authorities etc. which are covered by subsection (4) above from the obligation to keep records. (6) On the basis of negotiations with the Minister for Justice, the minister in question may lay down rules that the obligation to keep records according to subsections (1) and (2) above is also to apply to municipal and regional entities and companies etc. not covered by subsection (4) above.’ (Unauthorised translation)

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents