Summaries of selected statements | 51
The Ombudsman recommended that the Ministry of
Justice reopen the case and make a new decision in
the light of what he had stated.
the Act, under which access to information may be
denied if non-disclosure is required because of the
special nature of the matter.
Ministry of Ecclesiastical Affairs
On investigating the journalist’s complaint about the
Ministry’s new decision, the Ombudsman stated that
he had no grounds for criticising that the Ministry had
denied access to certain information with reference to
section 32(1) of the Access to Public Administration
Files Act. In addition, he stated that, in essence, he
could not criticise the Ministry’s decision that, based
on a specific assessment, access to certain information could be denied under section 33 paragraph (5)
of the Act. The Ombudsman therefore took no further
action in the specific case.
No statements on cases concluded in 2019 have
been published.
Ministry of Climate, Energy and Utilities
No statements on cases concluded in 2019 have
been published.
Ministry of Culture
The following statement on a case concluded in 2019
has been published:
2019-7. Ministry of Culture entitled to deny
access to information in relation to communication with Royal House about Crown Prince’s
participation in IOC
The Ministry of Culture denied a journalist access
to various information in relation to the Ministry’s
communication with the Danish Royal House about
The Crown Prince’s participation in a meeting of the
International Olympic Committee (the IOC) about
Russia’s right to participate in the Olympic Games in
Rio in 2016.
In connection with a previous investigation (Case No.
2018-13) of a complaint about the same case, the
Ombudsman stated that in his opinion access to the
documents in question could not be denied under
section 23(1) paragraph (1) of the Access to Public
Administration Files Act on internal documents as The
Crown Prince had been acting in a personal capacity
and not ‘participating in the governing of the State’.
The Ministry and the Royal House were therefore to
be regarded as distinct authorities in relation to the Act.
In a new decision, the Ministry referred to section
32(1) of the Access to Public Administration Files Act
on the realm’s foreign policy interests etc. In addition,
the Ministry referred to section 33 paragraph (5) of
At the same time, however, the Ombudsman commented in more general terms that in his opinion
section 33 paragraph (5) of the Access to Public
Administration Files Act does not authorise withholding information in order to protect the Royal House
against, for instance, public debate about whether
members of the Royal House have acted within the
limits to their freedom to act as private individuals
(‘in a personal capacity’).
Ministry of Environment and Food
No statements on cases concluded in 2019 have
been published.
Ministry of Taxation
The following statements on cases concluded in 2019
have been published:
2019-1. No authority for advance tax ruling
A housing cooperative paid out DKK 360,000 to its
members and subsequently requested an advance
ruling from the Danish Customs and Tax Administration (SKAT) on the tax implications for its members.
SKAT made an advance ruling that the members
would be taxed on the amount paid out to them, and
the ruling was subsequently upheld by the National
Tax Tribunal.
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