Denmark
Access to Public Administration Files Act (Offentlighedsloven)
Lov nr. 606 af 12. juni 2013
RTI Rating: 64 (source)
Response Timeline
7 working days standard processing deadline (§36). If unable to meet this, the authority must notify the requester with reasons and expected date. After 14 working days without a response, the requester can file a separate complaint about the delay itself (§39). The absolute maximum response time is 2 months. Appeals bodies must decide within 20 working days (§37).
No residency, citizenship, or nationality requirement. §7 states "Enhver" (Anyone) can demand access to documents. No justification for the request is required. Foreigners can freely request.
How to Submit a Request
Accepted Methods
Requests can be submitted in writing (letter, email) or orally (phone, in person). Denmark's secure Digital Post (e-Boks) can also be used. There is no centralized online filing portal — requests go directly to the relevant authority. No specific form is required.
Required Elements
- {'note': 'Sufficient information to identify the case or documents sought — case number, subject matter, topic area, or specific documents (§9)', 'field': 'description'}
Optional Elements
- {'note': 'Preferred format for receiving the documents', 'field': 'preferred_format'}
- {'note': 'Specific case number if known', 'field': 'case_number'}
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Copies (per page) | DKK1.00 | DKK 10 for first page, DKK 1 per subsequent page. Electronic copies free under 100 pages. No fee if total under DKK 100. |
Minimal fees: DKK 10 for the first paper page, DKK 1 per subsequent page. Electronic copies are free for up to 100 pages, DKK 100 flat fee for larger sets. No fee for on-site inspection. No fee charged at all if total would be under DKK 100. First-time delivery of documents in a case is always free.
Fee Waivers
- {'name': 'First-Time Delivery', 'waives': ['all_fees'], 'category': 'automatic', 'criteria': ['First time documents are delivered in a given case']}
- {'name': 'De Minimis Threshold', 'waives': ['all_fees'], 'category': 'automatic', 'criteria': ['Total fee would be less than DKK 100']}
No payment can be required the first time documents are delivered to an applicant in a given case. No fee if the total would be less than DKK 100.
Exemptions
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Criminal Proceedings (§19)The entire criminal justice system is excluded from the Act.
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Legislative Drafting (§20)Matters related to preparation of legislation before bills are submitted to the Folketing (Parliament).
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Public Employment Matters (§21)Cases about appointment/promotion in public service. Limited access to name, position, education, job duties, salary, and disciplinary warnings.
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Internal Documents (§23)Documents not disclosed externally, or exchanged during ministerial advisory periods.
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Ministerial Advisory Privilege (§24)Documents exchanged between ministry departments and subordinate agencies when a minister needs civil service advice. This highly controversial provision was new in the 2013 act and significantly expanded government secrecy.
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Council of State / Legal Privilege (§27)Ministerial council records (Statsrådet); minister-parliamentarian correspondence on legislation; counsel/attorney correspondence in litigation; materials for official statistics or research.
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Private Information (§30(1))Individuals’ private circumstances, including personal and economic matters.
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Business/Trade Secrets (§30(2))Technical devices, processes, operational/business methods of substantial economic significance.
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State Security and National Defence (§31)Access may be limited when substantially important to state security or national defence.
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Foreign Policy and International Relations (§32)Foreign policy interests, international obligations, and EU obligations.
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Law Enforcement (§33(1))Protection of law enforcement activities and witness/informant safety.
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Public Economic Interests (§33(3))State’s economic interests including fiscal operations.
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Catch-All (§33(5))Interests requiring confidentiality by 'special circumstances.' This broad catch-all provision has been criticized.
Denmark's 2013 law was uniquely controversial for EXPANDING exemptions rather than reducing them. The most criticized provision is §24 (Ministerbetjening/Ministerial Advisory Privilege), which blocks access to ministry-agency communications. The law lacks a general public interest override — scored only 10/30 on the RTI Rating's exceptions category. §28 requires extraction of factual information from otherwise exempt internal documents. §34 mandates partial disclosure. The "meroffentlighedsprincippet" (§14) encourages broader access but is only discretionary.
Appeal Process
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Free administrative appeals with specific decision deadlines (7 and 20 working days). A separate complaint mechanism exists for processing delays — if no response within 14 working days, the delay itself can be complained about (§39). The Ombudsman handles 200-300 FOI complaints annually. No penalties for non-compliance (0/8 on RTI Rating sanctions).
Request Templates
Borger.dk - Guidance
Offentlighedsportalen
Records Retention
Lov nr. 1050 af 17. december 2002 om offentlige arkiver (konsolideret)
Government departments must transfer documents to the State Archives before records are 30 years old. Rigsarkivet sets rules for preservation and disposal of public archives under the Ministry of Culture.