The
first limited act on access to information in Denmark was
adopted in 1964.(1) In 1970, the Parliament
approved the first comprehensive FOI law, the Act on Access
of the Public to Documents in Administrative Files. The
1970 law was replaced in 1985 by the Access
to Public Administration Files Act.(2)
•
Undernourished people (% of total population),
2000/03: N/A
•
Population with sustainable access to an improved
water source (%), 2002: 100
Source:
UN Development Program, Human Development Reports
Data
It
allows "any person" to demand documents in an
administrative file. Authorities must respond as soon as
possible to requests and if it takes longer than ten days
they must inform the requestor of why the response is delayed
and when an answer is expected.
The
Act applies to "all activity exercised by the public
administration" and to electricity, gas and heating
plants. The Minister of Justice can extend coverage of the
Act to companies and other institutions that are using public
funds and making decisions on behalf of central or local
governments. It does not apply to the Courts or legislators.
Documents relating to criminal justice or the drafting of
bills before they are introduced in the Folketing are exempt.
Authorities receiving information of importance orally to
a decision by an agency have an obligation to take note
of the information.
The
following documents are also exempted from disclosure: internal
case material prior to a final decision; records, documents
and minutes of the Council of State; correspondence between
authorities and outside experts in developing laws or for
use in court proceedings or deliberations on possible legal
proceedings; material gathered for public statistics or
scientific research; information related to the private
life of an individual; and documents on technical plans
or processes of material importance. Non-disclosure is also
allowed if the documents contain essential information relating
to the security of the state and defense of the realm, protection
of foreign policy, law enforcement, taxation and public
financial interests. Factual information of importance to
the matter shall be released if it is included in internal
case material or certain other exempted documents. Public
authorities must release information if there is a danger
to life, health, property or the environment.
An
exemption for EU documents was removed in 1991. The law
was also amended in 2000 to limit access to some information
about government employees.
The
Folketingets
Ombudsman can review decisions and issue opinions recommending
that documents be released or that the authority justify
its decisions better.(3) The Ombudsman
cannot order public authorities to act but its recommendations
are generally followed.(4) It can also
start its own investigations. The Ombudsman receives 200
to 300 complaints each year relating to access to records
and decides against the public bodies in around fifteen
percent of the cases. It takes three to five months for
each decision. Decisions on access can also be appealed
to the courts but this is rare.
The
Government set up a Public Disclosure Commission in 2001
to review the Act and prepare a new law on access to information.(5)
The Commission is considering the effects of new technologies,
the role of other laws, the effect of restructuring on how
government departments work, and the need for an independent
oversight agency. It is being chaired by the Ombudsman and
includes participation from government departments and users.
It is expected to complete its review in 2007 and issue
recommendations. A draft bill is not expected in the Parliament
until 2008/09.
The
Act
on the re-use of public sector information to implement
the requirements of the EU Directive on the re-use and commercial
exploitation of public sector information (2003/98/EC) was
adopted in June 2004.(6)
The
Public
Administration Act governs access to records where a
person is party to an administrative decision.(7)
It provides for greater access to records than under the
Access Act.
The
Act on the legal status of patients allows access for patients
to their health records, unless consideration for the person
requesting disclosure or for other private interests is
of overriding importance.(10)
Denmark
signed the Aarhus Convention in June 1998 and ratified and
approved it in September 2000. The Access to Environmental
Information Act implements the European Environmental Information
Directive (90/313/EEC)(11) and was amended
in 2000 to implement the Aarhus Convention.(12)
A bill that would facilitate the forms of access is pending.
Under
the Archives Act, most archives of public bodies are available
after 30 years.(13) Archives containing
personal information are kept closed for 80 years and those
containing information relating national security and other
reasons can be closed for varying times.
The
Criminal Code prohibits the disclosure of classified information.
An intelligence official, Major Frank Soeholm Grevil, was
convicted and sentenced to six months imprisonment in November
2004 for revealing documents to journalists stating that
the government had no evidence that there were weapons of
mass destruction in Iraq. The two journalists were charged
in April 2006 with "publishing information illegally
obtained by a third party". The disclosure resulted
in the resignation of Defense Minister Svend Aage Jensby
in April 2004. Prime Minister Anders Fogh Rasmussen ordered
that the reports be declassified saying, "a very extraordinary
situation has arisen which has given rise to doubts about
the government's credibility." Grevil has appealed
his conviction.
Under
the Home Rule Act, Greenland has a separate set of laws
generally based on Danish law.(14) The
1994 Public Administration Act and the 1994 Access to Public
Administration Files Act were inspired by Danish legislation
as well as practice.(15)The 1998 Act on
Archives provides access by the public to archives.(16)
4.
Council of Europe, Responses to the Questionnaire on
National Practices in Terms of Access to Official Documents
- Denmark, Sem-AC(2002)002 Bil, 18 November 2002, p.188.
See also Summaries
of annual reports for reviews of recent cases.
"The
Law provided public access to government information.
The Access to Public Administrations Files Act,
enacted in 1985, provides guidelines for access
to government records. Individuals can request
documents contained in an administrative file
of any public agency; however, certain classes
of documents containing sensitive or confidential
information are excluded. The Government provided
such access for citizens and noncitizens, including
foreign media."
1) Voice and Accountability: 1.59
2) Political Instability and Violence: 1.21
3) Government Effectiveness: 2.15
4) Regulatory Burden: 1.76
5) Rule of Law: 1.91
6) Control of Corruption: 2.38
