Scoring

The following information is a walk-through on how the scores are obtained.

Denmark

Denmark

Name of law : The Danish Access to Public Administrative Documents Act
First adopted : 1970
Last modified : 04 May 2013
RTI Rating last updated : 06 March 2018

Section Max ScoreScore
Right of Access 6 1
Scope 30 18
Requesting procedures 30 12
Exceptions 30 3
Appeals 30 23
Sanctions 8 0
Promotional measures 16 2
TOTAL 150 59

Right of Access

Indicator

Description

Scoring instructions
MAX score
Findings

Points

Article

Comments
1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 NO There is no constitutional provision protecting access to information. Link to the Constitutional Act of Denmark (pdf version, in English): http://www.eu-oplysningen.dk/upload/application/pdf/0172b719/Constitution%20of%20Denmark.pdf
2 The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.No=0, Partially=1, Yes=22 NO No specific presumption in favour of access to all information held by public authorities
3 3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law
3.2 The legal framework emphasises the benefits of the right to information?
3.1(Y/N - max 1 point)
3.2 (Y/N - max 1 point)
2 NO 1. The purpose of the act is to ensure transparency among authorities, etc. with a view to supporting in particular: 1) freedom of information and expression, 2) Citizens\' participation in democracy, 3) public control of public administration, 4) Media dissemination of information to the public and 5) trust in public administration. PCS. 2. Authorities etc. covered by the Act shall ensure that in paragraph 1, as far as possible, concerns regarding openness shall be ensured by the choice, establishment and development of new IT solutions.




Scope

Indicator

Description

Scoring instructions
MAX score
Findings

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Article

Comments
4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 YES Section 7. Anyone may require to be made aware of documents which have been entered into or established by an authority, etc. as part of administrative proceedings in connection with its activities. Section 7 establishes that any person may ask to see the documents.
5 The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.4 Partially Section 7. Anyone may require to be made aware of documents which have been entered into or established by an authority, etc. as part of administrative proceedings in connection with its activities. Section 10. The right of access to documents does not cover databases, including registers or other systematized records, where electronic data processing is used, except for records as mentioned in section 7 2, No. 2. Section 23. The right of access does not include internal documents. As internal documents are considered 1) documents not issued to third parties, 2) documents which, pursuant to section 24, 1, exchanges at a time when there is concrete reason to assume that a minister has or will need the advice and assistance of the civil service, and 3) documents exchanged pursuant to section 25 in connection with economic or political negotiations or in connection with discussions on joint municipal and regional policy initiatives. PCS. 2. Documents covered by subsections 1, issued to outsiders, loses their internal character, unless released for legal reasons, for research purposes or for other similar reasons. PCS. 3. The Minister for Economic Affairs and the Interior, after negotiation with KL and Danish Regions, may lay down rules on the extent to which internal documents in the municipalities or regions have to be covered by the right of access when available in final form. Only applies to administrative documents and specifically excludes internal documents and databases.
6 Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).Score 1 point for only documents, 1 point for information2 Partially Chapter 2: Right of access to administrative documents. Section 5.2 \"The right of access to administrative documents shall not apply to registers or other systematic records processed electronically, ...\". The law only mentions the administrative documents.
7 The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).8 Partially 2. This law applies to all activities carried out by public administration authorities. 3. The law, except for the provisions of sections 11 and 12 and sections 15-17, applies to all activities carried out by: 1) independent institutions, associations, foundations, etc. established by law or under law, 2) autonomous institutions, associations, foundations, etc. established in private law, which engage in public activities of a more comprehensive nature and are subject to intensive public regulation, intensive public oversight and intensive public control; and 3) KL and Danish Regions. Appears to apply to all government bodies.
8 The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government4 Partially 2. This law applies to all activities carried out by public administration authorities. 3. The law, except for the provisions of sections 11 and 12 and sections 15-17, applies to all activities carried out by: 1) independent institutions, associations, foundations, etc. established by law or under law, 2) autonomous institutions, associations, foundations, etc. established in private law, which engage in public activities of a more comprehensive nature and are subject to intensive public regulation, intensive public oversight and intensive public control; and 3) KL and Danish Regions. Only applies to Parliament in terms of administrative documents.
9 The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government4 Partially 2. This law applies to all activities carried out by public administration authorities. 3. The law, except for the provisions of sections 11 and 12 and sections 15-17, applies to all activities carried out by: 1) independent institutions, associations, foundations, etc. established by law or under law, 2) autonomous institutions, associations, foundations, etc. established in private law, which engage in public activities of a more comprehensive nature and are subject to intensive public regulation, intensive public oversight and intensive public control; and 3) KL and Danish Regions. Only applies to Judiciary in terms of administrative documents.
10 The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). Score 1 point if some, 2 points if all2 NO 3. PCS. 2. In addition to the provisions of sections 11 and 12 and sections 15-17, the Act shall apply to all activities carried out by 1) electricity generators which produce, transmit or distribute electricity at voltage of 500 V or more, 2) companies, institutions, associations etc. which operate natural gas supply, and 3) Collective heat supply systems that are covered by the heat supply act and have a capacity of more than 10 MJ/s. Section 4. The law, except for the provisions of sections 11 and 12 and sections 15-17, applies to all activities carried out by companies whose 75% of the ownership interests belong to Danish public authorities. However, this does not apply to listed companies and their subsidiaries. PCS. 2. The Minister may, after negotiation with the Minister of Justice, lay down rules that the law shall not apply to specified companies covered by subsection (1). 1. In the case of municipal or regional-owned companies, they shall in section 1 These rules will also be determined after negotiations with KL and Danish Regions.
11 The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). Score 1 point if some bodies, 2 points if all2 YES 2. This law applies to all activities carried out by public administration authorities. 3. The law, except for the provisions of sections 11 and 12 and sections 15-17, applies to all activities carried out by 1) independent institutions, associations, foundations, etc. established by law or under law, 2) autonomous institutions, associations, foundations, etc. established in private law, which engage in public activities of a more comprehensive nature and are subject to intensive public regulation, intensive public oversight and intensive public control; and 3) KL and Danish Regions.
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 YES 3. PCS. 2. In addition to the provisions of sections 11 and 12 and sections 15-17, the Act shall apply to all activities carried out by 1) electricity generators which produce, transmit or distribute electricity at voltage of 500 V or more, 2) companies, institutions, associations etc. which operate natural gas supply, and 3) Collective heat supply systems that are covered by the heat supply act and have a capacity of more than 10 MJ / s. § 5. The law, except for the provisions of sections 11 and 12 and sections 15-17, applies to companies, institutions, privately owned companies, associations etc. in so far as they have been granted by or under law the power to take decisions on behalf of the state, a region or a municipality. PCS. 2. The Minister may, after negotiation with the Minister of Justice, lay down rules that the law shall not apply to specified companies, institutions, privately owned companies, associations, etc. covered by subsections PCS. 3. The Minister may, after negotiation with the Minister of Justice, lay down rules that the law shall apply in whole or in part to specified companies, institutions, associations, etc., if the costs of their business are predominantly covered by government, regional or municipal funds. The relevant minister may, in particular, lay down detailed rules for storage, etc. of documents. Section 6. When a company etc., which is not covered by sections 3-5, is left to carry out tasks which are governed by public law, the relevant managing authority must ensure that the company etc. regularly gives information to the authority regarding the performance of the tasks . The relevant information is subject to the right of access to the relevant administrative authority under the law\'s general rules.

Requesting Procedures

Indicator

Description

Scoring instructions
MAX score
Findings

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Article

Comments
13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES Section 9. A request for access to documents pursuant to sections 7 and 8 shall 1) contain the information necessary to identify the case or documents for which access is sought; and 2) indicate the topic of the case or the document. The request for access can be made in English.
14 Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.2 YES Section 9. A request for access to documents pursuant to sections 7 and 8 shall 1) contain the information necessary to identify the case or documents for which access is sought; and 2) indicate the topic of the case or the document. The requestor only needs to identify the information being sought or the documents that wants to gain access to. The authorities, in some cases could require the requester to state the name.
15 There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. 2 NO Not mentioned.
16 Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. Score 1 point for help in formulation and 1 point for clarification procedures2 NO Not mentioned.
17     Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.Score Yes=2 point, No=02 NO Not mentioned.
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 NO Not mentioned.
19 Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.Score: 1 point for information not held, 1 for referrals or 2 for transfers2 NO Not mentioned.
20 Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).Score: 2 points for Yes, only 1 point if some limitations2 NO Not mentioned.
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 YES Section 36. A request for access to documents relating to a case in which a decision is taken or will be decided by the authority, etc. shall be decided by this authority, etc., if the application can be met. In other cases, cases of access to documents are decided by the authority, etc. with the document in its possession. PCS. 2. The competent authority, etc., shall decide immediately whether a request for access to documents can be met. A request for access to the file must be processed within 7 working days of receipt, unless this is due, for example, to the scope or complexity of the case is unavoidable. The person who has requested access should, if so, be informed of the reason for the time-limit and when the request is expected to be finalized.
22 There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.2 YES Section 36. A request for access to documents relating to a case in which a decision is taken or will be decided by the authority, etc. shall be decided by this authority, etc., if the application can be met. In other cases, cases of access to documents are decided by the authority, etc. with the document in its possession. PCS. 2. The competent authority, etc., shall decide immediately whether a request for access to documents can be met. A request for access to the file must be processed within 7 working days of receipt, unless this is due, for example, to the scope or complexity of the case is unavoidable. The person who has requested access should, if so, be informed of the reason for the time-limit and when the request is expected to be finalized. The timeframe established to respond requests is 7 working days.
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 YES Section 36. A request for access to documents relating to a case in which a decision is taken or will be decided by the authority, etc. shall be decided by this authority, etc., if the application can be met. In other cases, cases of access to documents are decided by the authority, etc. with the document in its possession. PCS. 2. The competent authority, etc., shall decide immediately whether a request for access to documents can be met. A request for access to the file must be processed within 7 working days of receipt, unless this is due, for example, to the scope or complexity of the case is unavoidable. The person who has requested access should, if so, be informed of the reason for the time-limit and when the request is expected to be finalized.
24 It is free to file requests.Score: No=0, Yes=2 points2 YES It is not specifically mentioned in the law. However, it seems clear in the law that fees can only be charged for the actual copies of the documents/cases requested.
25 There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free. Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional2 NO Previous law said that Minister would set fees centrally, but new law does not mention anything.
26   There are fee waivers for impecunious requesters ---2 NO Not mentioned.
27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points2 NO Not mentioned.


Exceptions

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28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 NO Section 14. In connection with the processing of a request for access to documents, consideration should be given to access to documents and information to a greater extent than what follows from sections 23-35. Additional access may be granted, unless it would be contrary to other legislation, including rules on confidentiality and rules of the Personal Data Processing Act. PCS. 2 pcs. 1 also applies to the processing of a request for access to documents and information contained in cases that are exempt from access to sections 19-21. and Section 35. The obligation to disclose information is limited by special secrecy provisions laid down by law or by law of persons serving in public service or occupation.
29 The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed10 Partially Exceptions to the right of access to administrative documents. Sections 19 to 33. On top of the legitimate exceptions listed, acess is not granted for information about recruitment to the public service, or a long list of kinds of internal documents such as government protocols, professional assessments or interinstitutional communications (Sections 23-29) On point removed per section.
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 NO No harm test listed.
31 There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.4 NO Not mentioned in the law.
32 Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.Score 1 point for each2 NO Chapter 1, Section 3.2. \"The minister concerned may stipulate that, after a certain number of years, a right of access shall be granted in respect of specified documents that are not otherwise subject to the right of access to administrative documents under this Act.\" Article provides: \"The Minister concerned may by Order provide that, after a specified term of years, right of access shall be granted in respect of specified documents that otherwise are not subject to the right of access to administration files as provided by this Act.\"
33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.2 NO Not mentioned.
34 There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted2 Partially Section 14. In connection with the processing of a request for access to documents, consideration should be given to access to documents and information to a greater extent than what follows from sections 23-35. Additional access may be granted, unless it would be contrary to other legislation, including rules on confidentiality and rules of the Personal Data Processing Act. PCS. 2 pcs. 1 also applies to the processing of a request for access to documents and information contained in cases that are exempt from access to sections 19-21. Section 34. If the considerations mentioned in sections 30-33 apply only to part of a document, access to the other contents of the document must be given. However, that does not apply if 1) it will give rise to a pricing of the reason (s) mentioned in sections 30-33, 2) This will imply clear misleading information, or 3) The remaining content in the document does not have an understandable or coherent content.
35 When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.Score Y/N: 1 point for a and 1 point for b2 Partially Section 36. A request for access to documents relating to a case in which a decision is taken or will be decided by the authority, etc. shall be decided by this authority, etc., if the application can be met. In other cases, cases of access to documents are decided by the authority, etc. with the document in its possession. PCS. 2. The competent authority, etc., shall decide immediately whether a request for access to documents can be met. A request for access to the file must be processed within 7 working days of receipt, unless this is due, for example, to the scope or complexity of the case is not possible, exceptionally. The person who has requested access should, if so, be informed of the reason for the time-limit and when the request is expected to be finalized. PCS. 3 pcs. 2 shall apply mutatis mutandis in the processing of requests for aggregation of information, cf. section 11, and insight into data descriptions, cf. section 12. PCS. 4. The Minister concerned may lay down provisions derogating from the rule in paragraph. First


Appeals

Indicator

Description

Scoring instructions
MAX score
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Article

Comments
36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 YES Section 37. Decisions on access to documents may be appealed separately and directly to the authority which is the supreme appeals body in relation to the decision or the processing of the case in which the application for access is concerned. Administrative (internal) appeal. Time limit of 7 working days to decide whether to maintain the decision, give access, or go to appelate body.
37 Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). 1 for partial, 2 for yes2 YES Section 37. Decisions on access to documents may be appealed separately and directly to the authority which is the supreme appeals body in relation to the decision or the processing of the case in which the application for access is concerned. PCS. 2. The complaint shall be forwarded to the authority, etc. whose decision is appealed. The Authority shall, if it wishes to maintain the decision, forward the case and its documents to the appeal body as soon as possible and as a rule no later than 7 working days after receipt of the complaint. PCS. 3. Within 20 working days of receiving a complaint against a decision on access to documents, the appellate body must complete the complaint unless this is due, for example, to the scope or complexity of the case is not possible. If necessary, the complainant must be advised of the reasons for the time-limit and when a decision is expected to be available. PCS. 4. The Minister concerned may, after negotiation with the Minister of Justice, provide that an authority other than that referred to in paragraph 1 mentioned must be the appeal body. PCS. 5 pcs. 2-4 shall apply mutatis mutandis in connection with complaints about decisions on aggregation of information, cf. Section 11, and insight into data descriptions, cf. Section 12. PCS. 6. The Minister concerned may stipulate that decisions on access to documents made by institutions etc. that are covered by sections 3-5 may be appealed. Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
38 The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.Score: 1 point for appointment procedure, 1 point for security of tenure2 YES Danish Ombudsman Act, Article 1, Section 1. \"...the Folketing shall elect an Ombudsman.\" Article provides that The Ombudsman is not protected against arbitrary dismissal (1 point loss). This article does not mean that the Ombudsman is not independent. It is not chosen by the Government, but by the Parliament. Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
39 The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.Score 1 point for reports to parliament, 1 point for budget approved by parliament2 YES Danish Ombudsman Act,Article 11 provides:\"The Ombudsman shall submit an annual report on his work to the Folketing\". Article 26 provides: \"The expenditure incident to the office of Ombudsman shall be charged to the budget of the Folketing\". Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
40 There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.Score 1 point for not politically connected, 1 point for professional expertise2 YES Danish Ombudsman Act, Article 1, Section 2. \"The Ombudsman shall not be a member of the Folketing, a municipal council or a regional council\" and\" The Ombudsman shall be a law graduate\". Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
41 The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.Score 1 point for reviewing classified documents, 1 point for inspection powers2 YES Danish Ombudsman Act, Article 18 \"The Ombudsman may inspect any institution or company and any place of employment which fall within its jurisdiction\" and 19 \"Authorities, etc. which fall within the jurisdiction of the Ombudsman shall be under an obligation to furnish the Ombudsman with such information and to produce such documents, etc. as he may demand\". Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 NO Not mentioned.
43 In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. 1 for partial, 2 for fully2 Partially Danish Ombudsman Act, Article 22: \"The Ombudsman may express criticism, make recommendations and other-wise state his views of a case\". Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 NO It is not necessary for the complainant to exhaust the administrative appeal before appealing to the court.
45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.1 for free, 1 for no lawyer required. 2 YES Danish Ombudsman Act, Article 13. \"Any person may lodge a complaint with the Ombudsman against the authorities referred\". Not mentioned by law, however, mentioned in the guide on the Danish Parliamentary Ombudsman.
46 The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).Score 1 point for appealing refusals, additional points for appealing other violations.4 YES Danish Ombudsman Act, Article 13. \"Any person may lodge a complaint with the Ombudsman against the authorities referred.\" The grounds for appealing are broad. Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 Partially Danish Ombudsman Act, Article 13. \"Any person deprived of his personal liberty shall be entitled to address written communications to the Ombudsman in a sealed envelope\". No clear procedures listed (1 point loss). Link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/
48 In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.Score Y/N and award 2 points for yes. 2 NO Not mentioned.
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 Partially Danish Ombudsman Act, Article 21: \"The Ombudsman shall assess whether authorities or persons falling within his jurisdiction act in contravention of existing legislation or otherwise commit errors or derelictions in the discharge of their duties. <...>\". The link to the Ombudsman Act: http://en.ombudsmanden.dk/loven/


Sanctions & Proteccions

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Comments
50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 NO Not mentioned.
51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).Score 1 point for either remedial action or sanctions, 2 points for both 2 NO Not mentioned.
52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.Score 1 for oversight body, 1 for immunity for others2 NO Not mentioned.
53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).Score 2 for strong protections, 1 for moderate protections2 NO Not mentioned.


Promotional measures

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Description

Scoring instructions
MAX score
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Article

Comments
54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 NO Not mentioned.
55 A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. Score Y/N, Y=2 points2 NO Not mentioned.
56 Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. Score Y/N, Y=2 points2 NO Not mentioned.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 NO Not mentioned.
58 Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. Score Y/N, Y=2 points2 YES Active information Section 17. A managing authority shall provide information on its activities on the authority\'s website. PCS. 2. A managing authority shall establish guidelines regarding the obligation to provide information pursuant to paragraph 1. First PCS. 3. The provisions of subsections 1 and 2 apply to ministerial ministries and underlying boards and directorates and independent boards and councils as well as central government in the municipalities and regions. publicity Portal Section 18. A portal containing laws, administrative regulations and legislative proposals must be published on the Internet and the Ombudsman\'s Ombudsman\'s opinions on access to documents.
59 Training programs for officials are required Score Y/N, Y=2 points2 NO Not mentioned.
60 Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. Score Y/N, Y=2 points2 NO Not mentioned.
61 A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. Score Y/N, Y=2 points2 NO Not mentioned.