132 ANNUAL REPORT 2014 The Ombudsman found that the Danish Health Act had neither previously nor at the time of the Ombudsman’s statement in the case contained an exhaustive regulation of any kind of passing on of electronic medicine information. Consequently, it is possible for the Disciplinary Board of the National Health Service and the National Agency for Patients’ Rights and Complaints to request that the data controller forward electronic medicine information. The Ombudsman also found that the question of passing on electronic medicine information for use in the processing of a patient’s complaint must be assessed in accordance with the general rules pursuant to section 7 of the Act on Processing of Personal Data regarding i.a. the passing on of health status data. 2014-40. REFUSED REQUEST FOR ACCESS TO INTERNAL DOCUMENT. NOTIFICATION OF FACTUAL INFORMATION AND NOTIFICATION OF INTERNAL EXPERT ASSESSMENTS. COMMUNICATION BETWEEN AUTHORITY AND CITIZEN A woman complained to the Ombudsman because the Ministry of Health had refused her request for access to a particular document. The document was a so-called cover to the minister for a hearing regarding three drafts for ministerial orders. The Ombudsman could not criticise that the Ministry had refused the request for access. However, the Ministry’s use of section 28 of the Access to Public Administration Files Act on notification of factual information and section 29 on notification of internal technical assessments gave the Ombudsman cause for comment. The case also raised the question of communication, as it appeared from the woman’s applications to the Ministry that she was solely interested in some specific details and that this was the reason why she asked for access to the document. However, the document did not contain any of the desired information at all. In the Ombudsman’s opinion, it would have been expedient and in accordance with good administrative behaviour if the Ministry had clearly informed the woman of this. The Ombudsman considered it probable that on that basis, the woman would have informed the Ministry that she was not interested in access to the document and that the Ministry would consequently not have had to use resources on processing the request for access.

Select target paragraph3

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