The practice of Sunshine laws in Denmark

Denmark[edit]

Access to Public Administration Files Act of 1985 is a Danish act passed by the Folketing concerning public access to governmental records. The Act came into force in 1987 and repealed the Public Records Act of 1970.^[31] New version of the Act came into force on 1 January 2014.^[32] Denmark is considered to be a historic pioneer in the field of FOI along with Sweden, Finland and Norway.^[33] There is no constitutional basis in the Constitution of Denmark for the right of the public to information.^[34] Denmark scores 64 points in Global Right to Information Rating.^[35]

Scope[edit]

According to the Act of 1985, Section 4 Part 1 “any person may ask to see documents received or issued by an administrative authority.”^[36] Information concerning administrative matters of the public administration; electricity and heating utilities as well as private bodies receiving public funding or performing public function can be acquired. Yet, the information concerning activities of judicial branch and legislators is not accessible.^[37][38]

Procedure[edit]

Reasons do not have to be given while making a request; however, the authorities can ask for additional information regarding document.^[38] The requests are supposed to be handled as soon as possible; if within period of 10 days response to an application was not provided, the authority has to inform on reasons for the delay as well as expected date for a decision.^[39] More detailed procedures are not laid down in the Act.^[38]

Exceptions[edit]

Access to information is limited by “the obligation to maintain secrecy.”^{[40]:Ch.4, S.14} Considerations of State security, defence, foreign policy, external economic interests as well as public financial interests can limit the granting of access to the information.^{[40]:Ch.3, S.13} Registers and records processed electronically are excluded from the administrative documents that can be given access to.^{[40]:Ch.2, S.5.2} Section 10 outlines other areas excluded from access, such as records of meetings of the Council of State, minutes, as well as documents prepared for such meetings; correspondence between ministries concerning legislation and material used for scientific research or public statistics.^{[40]:Ch.3, S.10}

Appeals[edit]

Decision to grant or not to grant access can be appealed.^{[41][40]:Ch.4, S.15.2} Decisions can also be appealed externally to Folketingets Ombudsman.^[41][42] Ombudsman can also deliver opinions and review decisions; however, these are not binding even though generally followed.^[42] Ombudsman receives 200-300 complaints annually; approximately 15 percent of complaints are ruled in favour of appellants.^[42]

Revisions[edit]

The exemption regarding EU documents was taken out of the Act in 1991.^[43] Amendments were also made in 2000; they concerned data on the employees of the Government.^[43] In January 2014 new Public Records Act was enforced.^[44] The new act was highly debated since it was considered to limit transparency in the Government and legislative proceedings; Denmark received one point less in the category of Political Environment when compared with the Freedom of the Press report of 2015.^[45] The new legislation caused demonstrations and protests.^[45] It can be regarded as a response to the 9/11 terrorist attacks.^[45] After the Public Records Act of 2013 came into effect, public access to information regarding the Intelligence Services instead of falling under the Public Records Act is now managed by the Act on the Security and Intelligence Service as well as the Act on the Defense Intelligence Service.^[45] In addition, the access to legislative process was further restricted.  According to the new Act documents in the drafting stage are not to be accessed as well as “other corresponding political activities,” so restriction is not concerning only Bills.^[45] In the future, it will not be possible to find the calendars of ministers being published.^[45] Nevertheless, the Act was created while keeping in mind the strengthening the project of the Open Government; the list of institutions covered by the Act was extended as well as list of public-private institutions and companies.^[45]