SUMMARIES OF SELECTED STATEMENTS
of dispensing chemists separate from other business with pharmaceuticals. The
Ombudsman therefore recommended that the Danish Health Authority reopen
the case.
2015-42. Access to correspondence between Danish Health
Authority and Ministry of Health. Ministerial advice and assistance.
Extraction of information
A scientist complained to the Ombudsman because he had received a partial
refusal from the Ministry of Health of access to correspondence between the
Danish Health Authority and the Ministry about a proposal from the Government to introduce health checks for men with little education.
The Ombudsman agreed with the Ministry that the documents – except one,
which consisted of notes from a telephone conversation – were to be regarded as
ministerial advice and assistance documents covered by the provision in section
24(1)(i) of the Access to Public Administration Files Act.
Some of the documents were different versions of a memorandum, ‘Targeted
Health Checks’, which was subsequently submitted to the Government’s Coordinating Committee. The authorities had based their assessment of whether
information was to be extracted under section 28 of the Access to Public
Administration Files Act on the last version of the memorandum which had
been exchanged between them. They found no grounds for extracting information from earlier versions of the memorandum because some of the information
in those versions had not been included in the last version exchanged between
them or in the final memorandum, which was submitted to the Coordinating
Committee. In the Ministry’s opinion, the information was not relevant to the
case within the meaning of section 28 of the Access to Public Administration
Files Act simply because it had not been included in the final memorandum.
The Ombudsman was of the opinion that this was too narrow an interpretation of the concept of relevance compared to what was stated in the explanatory
notes to the Act. The fact that some information had not been included in the
final memorandum did not in the Ombudsman’s opinion necessarily mean that
that information was irrelevant. The question of relevance was to be determined
on the basis of a specific assessment, and in this connection it must be kept in
mind that it is not only information forming the basis for the authorities’ decision which may be relevant.
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