SUMMARIES OF SELECTED STATEMENTS
2014-25. REFUSED ACCESS TO DISCREPANCY REPORT FOR
A FEATURE FILM’S PAYROLL AND PRODUCTION ACCOUNTS
A journalist had asked The Danish Film Institute for access to the discrepancy
report regarding the production accounts for a feature film. The discrepancy
report appeared in an e-mail correspondence between the Institute and the film
company which had produced the feature film.
The Danish Film Institute gave the journalist the discrepancy report but ‒ as
did the Ministry of Culture subsequently ‒ with reference to section 30(i) and
(ii) of the Access to Public Administration Files Act, the Institute exempted
from access information on salaries to the film production’s employees, the
amount of the co-producers’ funding of the film, sales revenues and the distribution of the film’s development costs. In the opinion of the authorities, this
was information partly on the private, including financial, circumstances of
individuals (section 30(i) of the Act) and partly on business matters the disclosure of which would result in a risk of financial damage for particularly the film
company (section 30(ii) of the Act).
The journalist then complained to the Ombudsman who did not find any
grounds for criticising that the authorities had exempted the information from
access. The Ombudsman emphasised that, according to available information,
the authorities had made a concrete assessment of the nature of the information, and for the information exempted pursuant to section 30(ii) the authorities had likewise made a concrete assessment of whether or not public access
to that information would result in a risk of financial damage. In addition, in
light of the circumstances of the case, the Ombudsman could not criticise that
the Danish Film Institute had not obtained a statement from the film company
before making the decision.
However, the Ombudsman did find it relevant to make some general comments
on the practice of The Danish Film Institute, including the meaning of the rule
of presumption mentioned in the explanatory notes for section 30(ii) of the Access to Public Administration Files Act.
I. MINISTRY OF THE ENVIRONMENT
No statements on cases concluded in 2014 have been published.
127
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents