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)
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