2
in their capacity as justice administration agencies. Moreover, this Act does not apply
to functions exercised by the police or the prosecuting authority pursuant to the
Criminal Procedure Act. The King may by regulations make provision in regard to
which statutes are to be regarded as statutes relating to the administration of justice,
and to the effect that some functions under the statutes relating to the administration
of justice shall nonetheless be encompassed by this Act.
This Act applies to Svalbard unless otherwise prescribed by the King.
The provisions of section 6, section 7 second paragraph, section 8 third paragraph
second sentence and fourth and fifth paragraphs, and section 30 first paragraph third
sentence and second paragraph, apply irrespective of the provisions of this section to
all entities encompassed by the EEA Agreement Annex XI point 5k (Directive
2003/98/EC) on the re-use of public sector information.
Chapter 2
Main rules on access
Section 3
Main rule
Case documents, journals and similar registers of an administrative agency are public
except as otherwise provided by statute or by regulations pursuant thereto. Any
person may apply to an administrative agency for access to case documents, journals
and similar registers of that administrative agency.
Section 4
Definitions
‘Document’ means any logically limited amount of information stored in a medium
for subsequent reading, listening, presentation, or transfer or the like.
The case documents of an administrative agency are documents which have been
received by or submitted to an administrative agency, or which the administrative
agency itself has drawn up, and which relate to that agency’s area of responsibility or
activities. A document is considered to be drawn up when it has been dispatched by
the agency. If this does not take place, the document shall be considered to have been
drawn up when it has been finalised.
The following shall not be regarded as case documents of an administrative agency:
(a) any document forming part of a library or museum collection,
(b) any documents which a private legal person has handed over to public
archives for safekeeping,
(c) any document handed over to an administrative agency for disclosure in a
periodical journal that is published by that agency,
(d) any newspaper, journal, advertising matter and the like which an
administrative agency receives without being connected to a specific case at
that agency, and
(e) any document which an employee of an administrative agency has received in
a capacity other than that of employee of that administrative agency.
In this Act the term ‘administrative agency’ embraces all entities to which this Act
applies.