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Law On Open Government

Original Language Title: Lov om offentlighed i forvaltningen

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Table of Contents
Chapter 1 Purpose and scope of the law
Chapter 2 Public access and so forth.
Chapter 3 Journaling, Mail Lists and Active Information
Chapter 4 Exemptions from the right to public access
Chapter 5 The treatment and determination of requests for public access to documents and so forth.
Chapter 6 Entry into force and transitional provisions, etc.

Law on the public in the administration

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

Purpose and scope of the law

The aim of the

§ 1. The law is intended to ensure the transparency of authorities and so on for the purpose, in particular, to support,

1) freedom of information and expression,

2) Citizens ' participation in democracy,

3) public control of public administration,

4) the dissemination of information to the public and the media,

5) confidence in the public administration.

Paragraph 2. The authorities and so on which are subject to the law shall ensure that the provisions of the law referred to in paragraph 1 shall be taken. Paragraph 1 mentioned transparency as widely as possible, in the case of choice, the establishment and development of new IT solutions.

Organizational Scope of Loven

§ 2. The law shall apply to all activities carried out by authorities in the field of public administration.

§ 3. The law shall apply, except for the provisions of sections 11 and 12 and section 15 to 17 use on all activities carried out by :

1) the self-balanced institutions, associations, funds, etc., which have been established by law or in accordance with the law ;

2) voluntary institutions, associations, funds, etc., established on a private legal basis, and which exercise a wider character and are subject to intensive public regulation, intensive public supervision and ICU public control, and

3) KL and Danske Regions.

Paragraph 2. In addition, the law shall apply to the provisions of sections 11 and 12 and § 15-17, moreover, the use of all activities carried out by :

1) power-producing undertakings, transmitting or distributing electricity at a voltage of 500 V or more ;

2) companies, institutions, associations, etc., operating natural gas supply, and

3) collective heat treatment plants which are covered by the heat supply law and have a capacity of more than 10 MJ/s.

§ 4. The law shall apply without exception to the provisions of sections 11 and 12 and § 15-17 use on all activities carried out by companies, if more than 75%. the owner shares belong to the Danish public authorities. This does not, however, apply to listed companies and their subsidiaries.

Paragraph 2. The next Minister may, after a debate with the Minister of Justice, establish rules that the law should not apply to specified companies covered by paragraph 1. 1. To the extent that this is a municipal or regional owned company, they must in 1. Act. whereas, moreover, the aforementioned rules shall also be established after negotiating with CN and Danske Regions.

§ 5. The law, apart from the provisions of sections 11 and 12 and § 15-17, applies to companies, institutions, personally owned undertakings, associations, etc., to the extent that they have been given the authority to decide on decisions ; The state, region or municipality.

Paragraph 2. The next Minister may, after negotiating with the Minister of Justice, establish rules that the law should not apply to specified companies, institutions, personally owned undertakings, associations and so on. 1.

Paragraph 3. The next Minister may, after negotiating with the Minister of Justice, establish rules that the law should apply in full or in part to the specified companies, institutions, associations, etc., where the costs of their activities are predominated ; are covered by governmental, regional or municipal funds. The next minister may, in particular, establish detailed rules on the storage, etc. of documents.

§ 6. In the case of an undertaking and so on which is not covered by Section 3 to 5, to carry out tasks which the public authorities are responsible for, the management authority shall ensure that the company and so on continuously provide information to the authority, the execution of the tasks. The information concerned shall be subject to the competent authority to access the law to access the law according to the general rules of the law.

Chapter 2

Public access and so forth.

The main rule of the right to public access

§ 7. Each person may demand to be made aware of documents that have been signed up to or created by an authority, etc. as part of administrative proceedings in the context of its business.

Paragraph 2. The right of access to documents shall be subject to the derogations referred to in section 19 to 35 ;

1) all documents relating to the case in question, and

2) records in journals, registers and other lists relating to the relevant case documents.

Paragraph 3. The right of access to documents (s) 2, no. 1, in a document submitted by the authority and so on, shall not apply until the day after the submission of the document.

Property

§ 8. The person whose personal relationship is referred to in a document may, with the derogations referred to in section 19 to 29 and paragraph 35, to request to be made aware of the information on this subject. This does not apply, however, to the extent to which the considerations referred to in section 31-33, or the interests of the person concerned, or others with decisive weight, are speaking against.

Identification requirement

§ 9. A request for access to documents pursuant to section 7 and 8 shall :

1) contain the information necessary for the identification of the case or documents to be used, and

2) specify the theme that the case or document relates.

Paragraph 2. The treatment of a request for access to Article 7 may, however, be that the conditions set out in paragraph 1. 1 have been met, shall be refused on the scale ;

1) the processing of the request will necessitates a disproportionate resource consumption ; or

2) The request must be assumed to serve a law of law in the same way.

Insight in databases

§ 10. The right of access to documents does not include databases, including registers or any other system-based inventories, where use of electronic data processing, except in the case of records referred to in section 7 (2) ; 2, no. 2.

Paragraph 2. The next minister may lay down rules concerning the legal person ' s access to be made aware of the information on the person concerned in the databases and so on which are referred to in paragraph 1. 1.

Change to the composition of information in databases (Data Extract)

§ 11. Each person may require a management authority to perform and provide a composition of available information in the authority of the authority if the composition can be made by few and simple commands. Where the information is subject to section 19-35, the right of association shall apply only if the considerations referred to in these provisions can be taken into account by means of anonymizing el.equal. that can be made by few and simple commands. The right to a condenture does not apply if the information has already been published in appropriate form or format.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 shall not apply in the case of personal data referred to in section 10 of the processing of personal data.

Right of access to data description

§ 12. Any person who may, with the exceptions referred to in section 31-33, require to obtain an insight into a description of the types of information that is part of a database, based on information about which formats a database uses (data description). This law applies to databases that a management authority uses in relation to specific case proceedings or in the preparation of published analyses, calculations and equal.

Paragraph 2. The Minister for Finance may, after negotiating with the Finance Minister, to determine that the department departments and the underlying authorities and directorates specified must be completed data descriptions within the scope of paragraph 1. 1, to the extent they are not already available by the authority. The Economic and Interior Minister may, after negotiating with the municipality or region, decide that the central administration of the municipality or region must complete data descriptions as covered by paragraph 1. 1, to the extent they are not already available by the authority.

Paragraph 3. The management authorities shall be required in relation to the types of databases referred to in paragraph 1. 1, which shall be established or developed following the entry into force of the law, ensure that a data description is drawn up in order to comply with paragraph 1. 1 may be communicated to them. However, this does not apply if the preparation of a data description will result in an essential resource consumption.

Notation duty

§ 13. In cases where a decision is taken by an authority and so on, the authority concerned must, in other ways, be familiar with information on the actual basis or external professional assessments, which are of the significance of the decision, as soon as possible, of the content of the information or assessments. However, this does not apply where the information or assessments are, by the way, shown by the documents of the case.

Paragraph 2. An authority and so on in matters in which a decision will be taken shall also take note of significant case-expedition, which does not, incidentally, be specified in the documents of the case.

Paragraph 3. Duty of note in accordance with paragraph 1. Paragraph 1 and 2 shall not apply in the course of proceedings relating to matters relating to criminal matters relating to criminal matters.

The principle of merdisclosure

§ 14. It must be considered in the processing of a request for access to documents, whether access to documents and information can be provided to a wider extent than is the impact of section 23-35. Access may be made to a further extent unless it will be in breach of other legislation, including rules on confidentiality and rules on the processing of personal data.

Paragraph 2. Paragraph 1 shall also apply in relation to the processing of a request for access to documents and information which are included in cases exempted from public access to documents after Article 19-21.

Chapter 3

Journaling, Mail Lists and Active Information

Journaling

§ 15. Documents received or sent by a management authority as part of administrative proceedings in the context of its activities shall be recorded to the extent that the document is relevant to a case or the case study, by the way, in the case of a case. The same applies to internal documents available in final form.

Paragraph 2. A document covered by paragraph 1. 1, as received or submitted by the managing authority, shall be recorded as soon as possible after the receipt or submission of the document.

Paragraph 3. The journal system must be designed in such a way that it contains the following information on the documents being recorded :

1) Date of receipt or submission of the document.

2) Short thematic specification of the content of the document.

Paragraph 4. The lettor to journalists in accordance with paragraph 1. 1-3 applies to State administration authorities covered by sections 2 and municipal and regional entities which may be taken into account for the municipal and regional central administration.

Paragraph 5. The Minister for the future may, after negotiating with the Minister of Justice, lay down rules in whole or in part, in part, to exempt the administration authorities, etc., subject to paragraph 1. Four, from duty to journalism.

Paragraph 6. The next Minister may, after a debate with the Minister of Justice, lay down rules that the duty to journalists in accordance with paragraph 1. Paraguation 1 and 2 shall also apply to municipal and regional entities, as well as non-subject to the provisions of paragraph 1. 4.

Mail Lists

§ 16. The Minister may, in the course of the debate with the minister, decide that the Department of Justice departments and the underlying authorities and directorates specified must draw up a list of documents to which the relevant day has been received ; or submitted by the authority (mail list). The Committee on Economic and Home Affairs may, in consultation with the local authorities or region, decide that the central administration of the municipality or region should draw up a list of documents received by the local authorities in question on the occasion of the date ; or dispatched by the central administration (mail list).

Paragraph 2. Where paragraph is adopted, provision shall be made. 1, the mail list shall be published on the authority's website. The postlist shall contain the following information about the documents that are included :

1) Date of receipt or submission of the document.

2) The name or character of the recipient or dispatcher of the document.

3) Short thematic specification of the content of the document.

4) Journal number or other identification number.

Active Information

§ 17. On the authority's website, a managing authority will provide citizens with information about its business.

Paragraph 2. A management authority shall lay down guidelines relating to the obligation to provide information to be provided for in paragraph 1. 1.

Paragraph 3. The provisions of paragraph 1. 1 and 2 shall apply to department departments and underlying forms and directorates and independent reference and guidance, as well as the central administration of the municipalities and the regions.

Publication Portal

§ 18. The Internet must be provided with a portal containing laws, regulations and legislative texts and the Ombudsman's statements on public access to documents.

Chapter 4

Exemptions from the right to public access

Cases exempt from public access to documents

§ 19. The right to access to documents does not include matters in the field of criminal justice, cf. however, paragraph 1 2.

Paragraph 2. Table-making, which has been adopted by a legal person, is subject to the right of access to documents under the general rules of the law.

Paragraph 3. Paragraph 2 does not include any fine-in-class eggs in the police or the prosecution service.

20. The right of access to documents does not include cases of legislation, including appropriation laws, before legislative proposals have been submitted to Parliament.

§ 21. The right of access to documents does not include cases of recruitment or promotion in the public service of the public.

Paragraph 2. The right of access to documents other than the provision in § 8 shall also include no other cases of the employment conditions of the individual in the public service, cf. however, paragraph 1 3 and 4.

Paragraph 3. In matters referred to in paragraph 1. 2 shall be informed in accordance with the general rules of the law in information on the name, position, training, labour and services of the staff, in accordance with the general rules of the law. In the case of staff in management positions, the general rules of the law shall also apply to disciplinary reactions in the form of warning or more. However, it shall apply only to a period of two years after the final decision has been taken.

Paragraph 4. In matters referred to in paragraph 1. The information referred to in paragraph 2 shall be given in addition to the information referred to in paragraph 1. 3, in accordance with the general rules of the law, access to information in the senior management contract shall be informed of the general priorities of the authority concerned, and so on.

Paragraph 5. The Minister may decide that the right of access to documents covered by paragraph 1 shall be granted. The two shall also apply to other information other than those referred to in paragraph 1. 3 and 4.

Paragraph 6. Paragraph 1-5 shall also apply to institutions and so on which, pursuant to sections 3 and 4, are subject to the law.

§ 22. The right of access to documents does not include cases of the execution of a calendar.

Exemption of internal documents

-23. The right of access to documents does not include internal documents. As internal documents are considered

1) documents not submitted to outsiders ;

2) documents referred to in section 24 (2) ; 1, shall be exchanged at a time when there is a specific reason to assume that a minister has or will need the advice and assistance of the civil service, and

3) documents which shall be exchanged in connection with economic or political negotiations or in the context of discussions on joint municipal and regional policy initiatives.

Paragraph 2. Documents covered by paragraph 1. 1 being granted to outsiders loses their internal character, except where they are made for legal reasons, for research purposes or for other similar reasons.

Paragraph 3. The Committee on Economic and Home Affairs may, after negotiating with CN and Danske Regions, establish rules on the extent to which internal documents in the possession of documents or regions of the municipalities should be subject to the right of access to documents at last, when they are available at last, form.

§ 24. The right of access to documents does not include internal documents and information exchanged at a time when there is a specific reason to assume that a minister has or will need the advice and assistance of the civil service, between :

1) The Department of Justice and its subordinate authorities.

2) Various ministries.

Paragraph 2. Information on the actual basis of the case and so on shall be subject to the rules laid down in sections 28 and 29 of the right of access to documents under the rules of law, notwithstanding paragraph 1. 1.

Paragraph 3. Although it may be assumed that a minister has or will need the advice and advice of the civil service in connection with the case, etc., paragraph 1 shall apply to paragraph 1. 1 not

1) in matters in which a decision is or will be taken in a concrete decision by a management authority ;

2) in matters concerning the conclusion of the contract and the contract ;

3) for the execution of a department of inspection or supervisory functions.

§ 25. The right of access to documents shall not include the internal documents and information exchanged between the Danish Regions, Danish Regions and their members in the context of economic or political negotiations with the State or in the context of joint discussions on joint action ; municipal and regional policy initiatives.

SECTION 26. The right of access to documents shall be made in accordance with paragraph 23 ( 1, internal documents available in final form when :

1) the documents alone render the content of the final decision on a matter decision,

2) the documents alone shall contain a declaration of information which has been required to take note of section 13 ;

3) the documents are independent documents prepared in order to provide evidence or other equivalent clarity as to the facts in question,

4) the documents contain general guidelines for the processing of specific case types, or

5) The documents contain a systematized rendering of practice in certain areas of expertise.

Exemption of other documents

§ 27. The right to access shall not include :

1) State protocols.

2) Documents drawn up and exchanged between Ministers and Members of the People's Party in connection with cases of legislation or other similar political process.

3) Documents exchanged for the service of the secretarial tasks of another authority.

4) The exchange of letters with experts in court proceedings or in consideration of whether the trial should be conducted.

5) Material that is provided as a basis for the development of public statistics or scientific studies.

Communication of actual information and external professional assessments

§ 28. The right of access to documents covered by section 23, section 24, paragraph 1. Number one, section 25 and section 27, no. These provisions shall include information on a case basis, in the case of a case, whether or not it is relevant to the case. The same applies to information on external professional evaluations, which are available in documents covered by section 23, section 24, paragraph 4. Number one, section 25 and section 27, no. 1-3.

Paragraph 2. Paragraph 1 shall not apply to the extent

1) This will necessitates a disproportionate resource consumption,

2) the information in question is given in other documents which are provided for the purpose of the document ; or

3) the information is publicly available.

Communication of internal professional assessments

§ 29. The right of access to documents covered by section 23, section 24, paragraph 1. Number one, section 25 and section 27, no. For final form, any such information includes information concerning internal professional assessments, in the extent that the information is included in a case of a proposed bill or a published statement, action plan. However, it does not apply to in-house professional evaluations, which are available in documents drawn up for consulting or consulting the chairmanship of the President of the KL and for Danske Regions.

Paragraph 2. § 28, paragraph 1. 2 shall apply mutatis mutis.

The exception of information relating to private and operational or business relations, etc.

-$30. The right of access to documents shall not cover information

1) the private nature of individuals, including economic, conditions and

2) technical or operating or operating conditions, or operating conditions, el.equal. , in so far as it is of significant economic importance to the person or undertaking the information is concerned, that the request is not granted.

Exemption of information for national security or national security

§ 31. The right of access to documents may be restricted to the extent that it is of major importance to the security of the state or the national defence.

Inclusion of information for the foreign policy interests of the realm and so on

§ 32. The right of access to documents may, in the interest of the foreign policy interests of the realm, including the relationship with other countries or international organisations, may be limited to the extent to which confidentiality is provided by EU law or international obligations, etc.

Paragraph 2. The right of access to documents may be limited, to the extent necessary to protect essential considerations of foreign policy interests, etc., including the relationship with other countries or international organisations.

Exemption of certain other information

§ 33. The right of access to documents may be restricted to the extent necessary for the protection of essential considerations :

1) Prevention, investigation and prosecution of offences, criminal offences, and similar crimes. and the protection of the accused, witnesses or others in matters of criminal or disciplinary proceedings.

2) The implementation of official controls, regulation or planning activities or measures envisaged under tax and tax law.

3) The economic interests of the public, including the execution of public business activities.

4) Research and artists ' original ideas, as well as preliminary research findings and manuscripts.

5) Private and public interest where confidentiality of the particular nature of the content is required.

Communication of access to documents in a part of a document

§ 34. If the considerations referred to in section 30-33 are valid only for a part of a document, access to the document's other content must be reported. However, that does not apply where :

1) it will result in a price to be made, or for the reasons referred to in section 30-33,

2) it would mean that a clear misleading information is provided, or

3) the remaining content of the document does not have a comprehensible or coherent opinion content.

Relationship to confidentiality

$35. The obligation to provide information shall be limited by specific provisions relating to professional secrecy laid down by law or with the law of persons acting in the public service or in the office of office.

Chapter 5

The treatment and determination of requests for public access to documents and so forth.

The treatment of requests for public access to information,

§ 36. If a request is made for access to documents forming part of a case in which an authority is or will be determined by an authority, then the authority shall decide whether the application can be met. In other cases, cases shall be decided on access by the authority and so on which have the document in its possession.

Paragraph 2. The competent authority and so on shall decide, as soon as possible, of a request for access to documents. A request for access to documents must be completed within 7 business days of receipt, unless this is, for example, the extent or complexity of the case, for example, or without exception. The request for access to documents must, where appropriate, be notified of the basis for the overrun and when the request may be expected to be completed.

Paragraph 3. Paragraph 2 shall apply mutatis muctis in connection with the processing of requests for association of information, cf. section 11, and for insight into data descriptions, cf. § 12.

Paragraph 4. The next minister may lay down provisions which derogate from the rule set out in paragraph 1. 1.

Appeal to public access to documents and so on.

§ 37. Decisions on access to documents may be subject to a separate and direct appeal to the authority which is supreme court in relation to the decision or treatment, by the way, the request for access to documents relating to the documents.

Paragraph 2. The complaint shall be forwarded to the authority, etc., where a decision is made to it. The authority must, if it wants to retain the decision, shortly and as a starting point within 7 working days following the receipt of the complaint forwarded the case and its documents to the complainine.

Paragraph 3. The complainant must within 20 working days of the receipt of a complaint against a decision on public access to documents, unless, for example, the scope or complexity of the case is not possible. Where appropriate, the complainant shall be informed of the reasons for the overrun and when a decision may be expected to be available.

Paragraph 4. The next Minister may, after negotiating with the Minister of Justice, that a different authority other than that referred to in paragraph 1 may be held. Paragraph 1 must be a complained institution.

Paragraph 5. Paragraph 2-4 shall apply mutatis muctis to complaints against decisions concerning the composition of information, cf. section 11, and for insight into data descriptions, cf. § 12.

Paragraph 6. The next minister may lay down rules that decisions on access to documents being taken by institutions and so on which are subject to section 3 to 5 may be subject to appeal.

§ 38. A decision to refuse access to documents made by a municipality, a region or a communal community in cases where there is no administrative appeal body shall be accompanied by guidance on the possibility of bringing the case to the case of the case, local authority and regional regulatory authority and the procedure referred to in 2. Act. An inquiry to bring the matter to the local authority and regional supervisory authority must be addressed to the relevant local authority or region, etc., in accordance with the provisions of section 37 (3). 2.

Paragraph 2. Paragraph 1 shall apply mutatis muctis to decisions relating to the composition of information, cf. section 11, and for insight into data descriptions, cf. § 12.

Applause to case processing time

§ 39. If a competent authority has not completed a request for access to a request within 14 working days of receipt, the time of proceedings may be made separately and directly to the authority that is the supreme appeal body in relation to the decision or treatment. by the way, by the case.

Paragraph 2. The complaint shall be forwarded to the competent authority in case of processing time that is to be filed. The authority must, if it has not completed the dossier request, within 7 working days following the receipt of the complaint, resend the complaint to the complainine, with a reason for the period of processing. For reasons of delay without adequate justification, the complainine may take a derogation decision on access to documents.

Paragraph 3. The complainant must within 20 working days of the receipt of a complaint against the processing time have completed the complaint unless, for example, the scope or complexity of the case is not possible. Where appropriate, the complainant shall be informed of the reason for the overrun and when the complaint may be expected to be completed.

Paragraph 4. The next Minister may, after negotiating with the Minister of Justice, that a different authority other than that referred to in paragraph 1 may be held. Paragraph 1 must be a complained institution.

Paragraph 5. If a competent authority has not completed a request for a position of information, cf. section 11, or insight into data descriptions, cf. Section 12, within 14 working days of the receipt, may be subject to a separate case processing time. In such cases, paragraph 1 shall apply. 2-4 similar uses.

The implementation of the access to and so on.

§ 40. The documents must be provided in the form in which the request is requested. However, this does not apply,

1) if it is impossible or very difficult or there are other weighty-weighting differences, or

2) if the material is publicly available.

Paragraph 2. Paragraph 1 shall apply mutatis muctis to the processing of requests for the composition of information or insight into a data description.

Paragraph 3. The Minister of Justice shall lay down rules for payment for the provision of documents and for the provision of a summary of data or a data description.

Notify obligations

§ 41. Will requests be made for access to matters referred to in Article 21 (1). 2, the competent authority shall inform the staff thereof, indicating who has made the request. When a decision on access to documents has been decided, the authority shall inform the staff of the information in the case provided.

Chapter 6

Entry into force and transitional provisions, etc.

§ 42. The law shall enter into force on 1. January 2014.

Paragraph 2. Requests for access to documents submitted before the entry into force of the law shall be governed by this law.

Paragraph 3. Law No 572 of 19. In December 1985, the public in the administration is repealed.

Paragraph 4. Paragraph 3 shall not apply to cases dealt with in accordance with the law on access to information in environmental information.

Paragraph 5. Anregulation no. 1145 of 22. In December 1993 on the entry into force of the authorities in the administration of the Faroe Islands as amended by device no. 120 of 2. March 1999, and device no. 1187 of 27. In December 1994 on the entry into force of the law on the public in the management of Greenland, they remain in force until they are repealed or replaced by rules issued under this Act.

Paragraph 6. Access to access to Section 3 (3). 1, no. 3, section 4 (4). Paragraph 5 (1) and section 5 (5). Paragraph 1 does not apply to documents that have been entered into or created by the companies, institutions, associations and so on before the entry into force of the law. Access to access to Section 3 (3). Paragraph 2 does not apply to documents that have been entered into or established by the companies, institutions, associations, etc. before the 1. January 1987.

Paragraph 7. The post-section section to ensure that the execution of tasks is left to an undertaking and so on in relation to tasks that are left to the entry into force of the law.

Paragraph 8. The requirement to journalists after paragraph 15 apply to documents that have been entered into or created by a managing authority following the entry into force of the law.

Niner. 9. Access to public access to Article 21 (1). 4, shall not apply to management contracts that are drawn up before the entry into force of the law. Access to public access to documents shall not apply to documents drawn up prior to the entry into force of the law.

Paragraph 10. Provisions for access to be made aware of documents in the public administration provided for in or with domestic law in other laws, regardless of whether they grant the right of access to narrowed scope than that law.

§ 43. The law does not apply to cases of ferry services and Greenland. The law may, by means of a royal appliance, be brought into force for such matters, with the changes that the ferry and Greenland conditions are changing. However, this only applies to cases or have been under the treatment of the impeachment of the Member States.

§ 44. The Minister of Justice makes proposals for the revision of section 16 of the year 2016-17.

Givet at Christiansborg Castle, the 12th. June 2013

Under Our Royal Hand and Segl

MARGRETHE R.

-Morten Bødskov