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The example of Denmark is interesting in terms of evolution of freedom of information legislation over a period of 19 years (1964-1985). Gradual change of Denmark’s freedom of information legislation could be explained by its harmonization with the societal demands rather than requirements of the European norms. However, the process of the modernization of some parts of Danish information legislation and relevant institutions took place parallel with the development of the Council of Europe and European Union’s standards in this field.

The first legal act related to access to official documents was adopted by Denmark in 1994 (Law on Party Access in Administration). It provided limited access of a party to public information and was a first step towards the transparency of public administration in the country. In 1970, the Danish Parliament adopted the Act on Access of the Public to Documents in Administrative Files, which was replaced in 1985 by the Access to Public Administration Files Act.

The Act applies to all activity exercised by the public administration and to electricity, gas and heating plants. One of the specific features of Denmark’s freedom of information legislation is the flexibility of its application to commercial companied. Upon consultation with the Minister of Justice the Act on Access of the Public to Documents in Administrative Files could be applied by concerned authorities to some companies, partnerships and other organizations. The Act provides a exhaustive list of information which is not subject to disclosure. Examples includes documents prepared by an authority for itnernal use; intra-agency correspondence (between units within one and the same authority); and correspondence between a local government council and its committees departments and other bodies, or between these bodies. Information related to the private life of an individual and documents on technical plans or processes of material importance are also restricted for the access of public.

Non-disclosure is also allowed if the document in question contains essential information relating to the national security and defense, 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. Note that the list of exceptions from the law is rather wide and covers documents that publicly available in some other countries. Exemption is applicable to correspondence between authorities and outside experts in developing laws, data collected for public statistics or scientific research.

There is no special authority in Denmark considering complains regarding rejected inquiries. Decision concerning non-disclosure requested information could be complained to the ombudsmen (Folketingets Ombudsman) whose decisions, however, are not mandatory for public authorities, but are usually taken into account. The decisions of public authorities can be also appealed to the court.

An important element of the element of freedom of information policy in Denmark is the continuing review of relevant legislation which was periodically changed to meet the society needs. In 2001 Danish government created a Public Disclosure Commission to review the Act and develop new law to better respond to society’s current needs. The Commission also consider how new information technologies could be employed for improvement of access to public information, as well as assess necessity for review of other laws related to freedom of information.

Other Danish laws related to freedom of information include Public Administration Act, Act on Processing Personal Data, Access to Environmental Information Act, the Act on Re-use of Public Information. The latter three acts have been adopted to implement relevant European Union Directives.

Analysis provided by David Sandukhchyan, Director, Internews Armenia Center for Information Law and Policy, OSCE/ODIHR consultant.

Posted: February 2007

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