Access to documents in public files is a key consideration when sharing information with public authorities

The Danish Public Administration Act grants access to documents submitted to or executed by a public authority.

The right to access documents in public files is limited in some cases. The most relevant exceptions for businesses are found in section 30(2) of the Danish Public Administration Act, which states that the right to access to documents in public files does not extend to information about technical devices or processes or about operational conditions, or business relations, etc, if it is of significant financial importance to the person or business concerned that the request is not granted. This is commonly referred to as business secrets.

When a request for access to documents in public files that may comprise business secrets is reviewed, the public authority will typically consult the business to which the documentation pertains. The business will then be given an opportunity to comment on whether any information or documents should be exempt from public access. The public authority is subject to strict processing deadlines, meaning that they will often have only a few days to submit comments. The public authority makes the final decision on what information must be disclosed.

Therefore, it may be advisable to consider, even before submitting documents to a public authority, whether they contain any information you would want to be exempted in the event of a request for access.

Consequently, the following should be considered before submitting documents and other material to a public authority:

• Consider, even before submitting the documents etc., whether any information should be exempted from potential access to documents.
• Consider whether it is necessary to include the information. Does it serve a function, or can it be excluded in full or in part? 
• If the documents cannot be excluded, make sure to inform the public authority in connection with the submission that you want to be consulted in the event of a request for access to documents. 
• Be prepared for the possibility that, in case of access to documents, the public authority will ask you to review the documents and identify any information you believe should not be disclosed. In that context, it is essential to be able to substantiate why the information cannot be disclosed.

Do you want to know more?

We are ready to provide guidance on matters concerning access to documents. This applies both to how you should proceed when submitting documents to a public authority, as well as how to respond when a public authority requests your comments on a potential disclosure of your documents.

Please do not hesitate to contact our Public Law team if you need advice.