Luisa Izuzquiza
Asiatisk Plads 2
Sent t
o: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
DK-1448 København K
Telefon +45 33 92 00 00
Telefax +45 32 54 05 33
E-mail: xx@xx.xx
http://www.um.dk
Bilag
Sag/ID Nr.
Enhed
Dato
-
2018 - 15709 / 3191208 Koncernjura, Offentlig 19-04-2018
ret og Arkiv (JTK)
Request for information regarding meetings held between the
Danish Permanent Representation to the EU and companies,
etc. during the last 12 months
By e-mail of 6 April 2018, you have requested information from the
Ministry of Foreign Affairs of Denmark as follows:
“With reference to The Danish Access to Public Administrative Documents Act I
would like to request the following information:
How many meetings have employees of the Danish Permanent Representation to the
EU had with representatives of companies, organisations and other stakeholders during
the last 12 months?
I would like to request a list of these meetings: who was present at the meeting, including
the names of organisations/lobbyists presents, as well as the date of the meeting, and
the subject matter discussed.”
Your inquiry is processed on the basis of the Danish Access to Public
Administration Files Act.
…
According to the Danish Access to Public Administration Files Act, article
7, section 1, anyone can request access to documents that have been sent
to or created by a public authority in connection to the authority’s
administrative processing of cases. Furthermore, according to the Access
to Public Administration Files Act, article 9, section 1, subsection 1, the
processing of a FOI-request must consist of adequate information to
allow for the identification of the file(s) and/or document(s) requested.
2
The Ministry of Foreign Affairs notes initially that it does not consider
your question about the number of meetings held between the Danish
Permanent Representation to the EU and stakeholders during the last 12
months, as a FOI-request covered by the Danish Access to Public
Administration Files Act.
The ministry can inform you that the Danish Permanent Representation
to the EU does not keep a list of meetings of any of its staff, so it is not
possible to make a count of these meetings. The Representation has an
open door policy and is generally accepting meeting requests from relevant
stakeholders such as organisations, companies and civil society as long as
the subject relates to the work of or in the European Union.
The Ministry considers therefore only the second part of your request
concerning a list of meetings between employees of the Danish Permanent
Representation to the EU and representatives of companies, etc., during
the last 12 months, as a FOI-request.
The Danish Ministry of Foreign Affairs finds that your FOI-request does
not provide adequate information to allow for the identification of the list
requested, cf. article 9, section 1, subsection 1.
The Danish Ministry of Foreign Affairs has searched for the requested
document and has not been able to find a list in the ministry’s file system
of meetings held between employees of the Danish Permanent
Representation to the EU and representatives of companies, organisations
and other stakeholders during the last 12 months.
The ministry has used the following search criteria: “Danmarks Faste
Repræsentation ved den Europæiske Union”, “møde”, “repræsentanter”,
“virksomhed”, “organisation” and “lobbyist”.
Moreover, as article 7, section 1, concerns existing documents only, the
provision does not set out any obligation for a public authority to create
new documents.
As the list requested does not already exist, the Ministry of Foreign Affairs
cannot grant you access to any document on the basis of your FOI-
request. Furthermore, the ministry does not find itself obliged to create
such a list nor has the ministry found any legitimate reason to do so.
…
3
According to article 9, section 1, subsection 2, a FOI-request must specify
which theme the requested file(s) and/or document(s) is related to.
The Danish Ministry of Foreign Affairs finds that your FOI-request does
not provide a specific theme or subject for your request.
The Ministry notes that the Danish Ministry of Justice has stated in the
Guidelines no. 9847 of 19. December 2013 on the Danish Access to
Public Administration Files Act, section 4.3.1, that e.g. a FOI-request for
correspondence between a minister and a named person during a certain
period, does not suffice as a theme or subject in accordance with article 9,
section 1, subsection 2.
The Danish Ministry of Foreign Affairs therefore rejects your FOI-
request. The Ministry will reexamine your access to files and/or
documents if you send a new FOI-request, which contains adequate
information to allow for the identification of file(s) and/or document(s)
and a specific theme/subject for your request.
It is not possible to make a complaint about this decision to another
administrative authority.
As always, should you have any questions regarding this decision you are
welcome to contact me by telephone +45 3392 1048 or by email at
xxxxxx@xx.xx.
Yours sincerely,
Tanja Yndigegn
Special Consultant
