Betænkning om offentlighedsloven Bind 2 - Justitsministeriet ...

Offentlighedskommissionens betænkning – Kapitel 28
function shall ensure that the particular company etc. keeps the public authority
regularly informed of the performance of the tasks (Draft Bill, Section 6).
The particular information is covered by the Access to Public Administration
Files Act.
3.3. Identification Requirement and Disproportionate Use of
Resources
The draft Bill contains a proposal for a partial amendment to the present requirement
that the person requesting access to public administration files
must identify the documents or cases with which he or she wishes to become
acquainted (the so-called identification requirement). It is thus proposed that
it should no longer be a requirement that, in order to gain access to public administration
files, the person requesting access shall have a certain (subjective)
prior knowledge of the case or the document for which a request for access has
been submitted. However, it is also proposed that a new requirement be introduced
that the person requesting access shall specify the theme of the case or
the document that he or she wishes to access (Draft Bill, Section 9(1)2).
Furthermore, it is proposed that an administrative authority – irrespective
of whether the identification requirement is met – be permitted to refrain from
accommodating a request for file access if it would necessitate a disproportionate
use of resources (Draft Bill, Section 9(2), No. 1).
3.4. Data Extractions and Data Descriptions
According to the present publication scheme, the right of access to public administration
files applies solely to documents kept by administrative authorities.
The right of access does not apply to the authorities’ databases, including
electronic databases.
In the draft Bill, it is proposed that the right of access to public administration
files shall not apply to the databases of administrative authorities.
However, as an innovation, it is proposed that a right be introduced whereby
a citizen is entitled to have information available in the particular authority’s
databases collated, so-called data extractions (Draft Bill, Section 11). This rule,
however, applies on condition that the data extraction can be performed using
simple commands (i.e. without the need to use significant resources), and that
if the extraction should contain “confidential” information covered by the Act’s
1046