2004 freedominfo.org Global Survey Results

2004 freedominfo.org Global Survey Results - Denmark
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Like other Nordic countries, Denmark has a long history on access to information. As far back as 1865, an act allowed losing parties in a court case to see administrative files. The first general (but limited) act on access to information was adopted in 1964 and the 1970 Act on Access of the Public to Documents in Administrative Files created a comprehensive freedom of information scheme. (1)

The 1985 Access to Public Administration Files Act (2) governs access to government records. It replaced the 1970 law. It allows "any person" to demand documents in an administrative file. Authorities must respond as soon as possible to requests if it takes longer than ten days 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. Nondisclosure 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 data 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 and is currently reviewing the access functions of the Ministry of Taxation. The Ombudsman receives 200-300 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 has set up a committee to review the act and prepare changes to the law. (5) It will consider 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 with participation from government departments and users and is expected to take several years to complete its review and issue recommendations for changes to the Act.

The Public Administration Act governs access to records where a person is party to an administrative decision. (6) It provides for greater access to records than under the Access Act.

The Act on Processing of Personal Data allows individuals to access their records held by public and private bodies. (7) It is enforced by the Datatilsynet (Data Protection Agency). (8)

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. (9)

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) (10) and was amended in 2000 to implement the Aarhus Convention. (11)

Under the Archives Act, most archives of public bodies are available after 30 years. (12) 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.

Under the Home Rule Act, Greenland has a separate set of laws generally based on Danish law. (13) The 1994 Public Administration Act and the 1994 Access to Public Administration Files Act were inspired by Danish legislation as well as practice. (14) The old Danish Public Authorities' Registers Act and Private Registers Act of 1979 are still in force in Greenland. There is also a 1998 Act on Archives, (15) which provides access by the public to archives.

Notes

1. See Hallo, ed., Access to Environmental Information in Europe: Denmark (Kluwer Law 1996).

2. Access to Public Administration Files Act. Act No. 572, 19 December 1985. http://www.privacyinternational.org/countries/denmark/dk-foi-85.doc

3. Home page: http://www.ombudsmanden.dk/

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 at http://www.ombudsmanden.dk/aarsberetning_en/

5. COE report, Ibid, p. 223.

6. Act 571 of 19 December 1995.

7. The Act on Processing of Personal Data (Act No. 429 of 31 May 2000). http://www.datatilsynet.dk/eng/

8. Homepage: http://www.datatilsynet.no/templates/Page____194.aspx

9. Act 482 of 1 July 1998.

10. Act from the Ministry of the Environment on Access to Information on the Environment. No. 292 of April 27, 1994. http://www.mst.dk/rules/Acts%20in%20force/Intersectoral%20in%20force/03040200.doc

11. See presentation of Hanne Rasmussen, International Council of Archives, SPP Rome, February 2002.

12. Act No. 577 of 29 November 1978.

13. Act No. 8 of 13 June 1994 on Public Administration Act, Act No. 9 of 13 June 1994 on Access to Public Administration Files with later amendments.

14. Act No. 22 of 30 October 1998.