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Kirsten Talevski
Senior Head of Division
Kristine Holst Hedegaard
Deputy Head of Division
The general public is given special access to case materials
about environmental information, and a number of cases with
the Ombudsman indicate a broad perception of the term. But
journalists and others should also be aware that using the term
‘environmental information’ does not always result in access to
documents.
A memorandum on the costs of shifting motorists from cars to trains was given a hard time
by a technical journalist. He wrote a number of
critical articles about the memorandum. He was
particularly critical of the Ministry’s calculations.
At one point, the Ministry complained to the
editor-in-chief about the technical journalist.
The outcome was that the journalist asked for
access to documents about the complaint.
The question was now which Act the Ministry
should base the request for access on.
Broadly speaking, there are two codes of practice regarding access to documents for persons
who are not a party to a case. The majority of
those who work with access to documents are
familiar with the new Access to Public Administration Files Act. The Environmental Information
Act is less well-known. But if you seek access to
environmental information, the authorities must
observe the Environmental Information Act.
Consequently, the Environmental Information
Act is of importance to a large part of the public
administration. And it can also be of significant
importance as to whether journalists and other
citizens are granted access or not.
However, it can be difficult to know whether the
access is related to environmental information.
This was also the case when the journalist asked
for access to the Ministry’s documents about the
handling of his criticism. Could information about
a journalist’s critical writings about a memorandum be considered environmental information
at all?
Environmental information and the
Access to Public Administration Files
Act
The Environmental Information Act implements
an EU regulation within Danish legislation. Because of the underlying EU legislation the Act
can be complicated to use, and you must, among
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