5
Administrative agencies encompassed by this Act may make documents available to
the public on the Internet, except documents which are subject to a duty of
confidentiality by or pursuant to law. The King may make regulations concerning the
making available of documents on the Internet and to the effect that certain types of
personal data, see the Personal Data Act section 2 subsection 1, and documents to
which a third party has intellectual property rights, shall not be made available by this
means.
Section 11
Enhanced access to information
Where there is occasion to exempt information from access, an administrative agency
shall nonetheless consider allowing full or partial access. The administrative agency
should allow access if the interest of public access outweighs the need for exemption.
Section 12
Exemption in respect of the remainder of the document
Where an administrative agency exempts parts of a document from access, it may also
exempt the remainder of the document if
(a) these parts alone would give a clearly misleading picture of the content,
(b) it would be unreasonably demanding for the agency to separate them, or
(c) the exempted information constitutes the most essential part of the document.
Chapter 3
Exemptions from the right of access
Section 13
Information subject to a duty of confidentiality
Information that is subject to a duty of confidentiality by or pursuant to law is
exempted from access.
The provisions of the Public Administration Act concerning the duty of
confidentiality give independent legal persons as mentioned in section 2 first
paragraph (c) or (d) of this Act the right to make exemptions in respect of documents
and information to the same extent as they give administrative agencies such right.
Where a request for access concerns a document containing information that is subject
to a duty of confidentiality, and this duty of confidentiality ceases when the consent of
the person entitled to confidentiality has been obtained, the request for access together
with any reasons given shall on request be submitted to the person concerned
allowing a suitable period for reply. Failure by the person concerned to reply shall be
considered a denial of consent.
Documents drawn up for an administrative agency’s internal
preparation of a case (internal documents)
An administrative agency may exempt from access any document which it has drawn
up for its internal preparation of a case.
Section 14
The first paragraph does not apply to:
(a) any document or part of a document containing the final decision of the
administrative agency in a case,
(b) general guidelines for the administrative agency’s case processing,
(c) reasons for proposals that have been decided by the King in Council, and
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