SUMMARIES OF SELECTED STATEMENTS
The Ombudsman agreed with the Ministry that it was regrettable that the
Ministry did not consistently inform the man of further delays before the
dates by which it had previously informed him that it expected a decision to be
made. In addition, the Ombudsman found it regrettable that when the Ministry
had informed the man of delays along the way, it had been unable to give him
a realistic estimate of when a decision could be expected.
2017-12. Writer’s diaries copied, kept and archived by Danish
Security and Intelligence Service
A writer had his diaries seized in connection with the investigation by the
Danish Security and Intelligence Service (PET) of a case against him back in
1981. The original diaries were returned to the writer when the case against
him was dismissed five months later.
In 2009, the writer discovered that PET had kept a copy of his diaries all
through the years. The writer asked PET to hand the copy over to him, but
PET assessed that the copy was to be kept for posterity as a consequence of an
agreement between the Danish National Archives and PET.
The writer complained to the Ombudsman, stating, among other things, that
the authorities had breached his copyright by declining to hand the copy of his
diaries over to him.
On investigating the matter, the Ombudsman found no grounds for criticising
the decisions of PET and the Ministry of Justice. The Ombudsman included
Article 8 of the European Convention on Human Rights, among other provisions,
for the purpose of assessing whether the writer’s privacy had been invaded.
The Ombudsman could not criticise that the Ministry of Justice found no
basis for establishing that it was illegitimate for PET to make a copy of the
diaries in 1981-82 in connection with its investigation of the case against the
writer. In addition, the Ombudsman found no grounds for criticising that the
Ministry found no basis for establishing that PET was not entitled to keep a
complete copy of the diaries on the operations case file after the case against
the writer had been dismissed in 1982.
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