93 Is the Port of Svaneke an industrial port? This was the key issue of a complaint case. The Danish Coastal Authority regarded it as such and had therefore granted permission for the building of a new jetty. By contrast, a man who lodged a complaint with the Ombudsman believed it was not an industrial port, which rendered the jetty illegal. The Ombudsman’s investigation of the case revealed that the Bornholm Regional Authority had classified the port as a minor industrial port. He therefore declared himself in agreement with the Coastal Authority, which meant that he could not help the complainant. If the Ombudsman discovers that an authority has handled a case correctly and, among other things, taken account of the relevant circum­ stances, he will typically state that he is unable to assess and weigh the circumstances of the case in a different and better way than the authority. A government agency granted a man access to the information and documents filed in a case, with a few exceptions. Later, it turned out that the agency held another 1,500 or so e-mails about the case which had not been filed. The case caused the Ombudsman to ask the agency which files it believed had to be released. The agency agreed with the Ombudsman that the right of access is not limited to the documents filed in a case. It also agreed that e-mails – depending on their content – may be ‘documents’ subject to access. However, it took the view that the approx. 1,500 e-mails were so casual and informal in nature that they did not constitute ‘documents’ within the meaning of the Act on Public Access to Docu­ ments on Public Files. Nonetheless, the agency decided to grant the man access to the e-mails. As there was thus agreement on the rules applying to the specific case and as the man had been granted access to the e-mails, the Ombudsman took no further action in the case. Nonetheless, he expressed surprise that hardly any of the 1,500 e-mails constituted documents within the meaning of the Act on Public Access to Documents on Public Files. In fact, the agency’s description of them suggested that some of these e-mails might be of significant importance to the case and therefore to be regarded as documents. The Ombudsman may decide to close a case without an actual Ombudsman statement. This may, for instance, occur if the authority expresses agreement with the Ombudsman in its reply to him or if the problem has been resolved in the meantime.

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