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Karsten Loiborg
Head of 5th Division
When authorities use publicly
available personal information
Are authorities allowed to check out citizens on Facebook?
A caseworker logs into Facebook and comes across interesting information
about a citizen. The citizen’s Facebook profile is public. The caseworker can
therefore immediately see the information, but is the caseworker also allowed
to record and use the information in a case? This issue is very relevant today
when ever more personal information is becoming publicly available through for
instance social networks.
As a starting point, the rules are straightforward: an administrative authority
may only record and use publicly available information about citizens to the extent that it is legitimately relevant to the authority’s tasks. This applies generally
and therefore irrespective of whether the authority’s task is actual administrative activity – such as education, hospital treatment or childcare – or involves
making decisions in relation to citizens.
In its daily work, an authority probably often uses publicly available personal information in connection with actual administrative activities – for instance if a
local authority’s technical administration looks in the local directory to establish
who needs to be informed about major excavation works on a residential street.
In practice, however, it is probably mainly cases involving decisions which may
give rise to doubt at an authority and disagreement between authority and citizen in relation to the authority’s use of personal information. Is the information
publicly available and is the authority allowed to find and use it?
There may undoubtedly be a need to use publicly available information in all
types of cases involving decisions – whether they involve a citizen applying for
something, an authority considering issuing an order or a prohibition notice to a
citizen or an authority performing control measures in relation to citizens (con-
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