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Friday, 20 November 2009

Open Access to Closed Documents

This week the Danish Ombudsmand Hans Gammeltoft-Hansen, Professor dr.jur., presented a report by the Commission on Public Affairs and Public Administration during a conference at the Danish parliament of Christiansborg for public administrators and media people alike. The commission's work was to ensure public insight into the working process of the administration. For democratic reasons.

Many paragraphs had been altered to stress the fact that the public has a right to this insight. And to stress that also some private companies performing public services should now be subjected to this public scrutiny, according to the commission's suggestions. If the law is passed after public hearing and negotiations at the next parliamentary session next fall, of course. It all sounded marvellous.

Until some of the fine print became clear: In chapter four, §§ 19 to 27 about the exceptions. In the future, it is suggested by the commission, the public and members of the press will not have a right to insight into the internal ministerial communication, documents, and calendars about the law preparational process. Which are included in the public scrutiny rights as it is now.

A paradoxical improvement that stresses the rights so much more - alongside closing the same rights. Giving open access to closed documents, as it were. Wethepeople - and the fourth power of state - will be looking forward to the hearings this winter and spring - and to the parliamentary negotiations next fall. For democratic reasons.