10
The King may by regulations provide for exemption from access in respect of
documents in archival repositories when this is necessary on conservation grounds.
Chapter 4 Procedure and appeal
Section 28
Request for access
Requests for access may be made orally or in writing.
A request for access must relate to a specific case or within reasonable limits to cases
of a specific type. This does not apply where access is requested to a journal or
similar register.
Section 29
Administrative agency responsible for deciding a request for access,
etc.
An administrative agency that receives a request for access shall consider the request
on a concrete and independent basis. The request shall be decided without undue
delay.
The King may by regulations make rules in regard to which administrative agency
shall make decisions in the various types of cases pursuant to this section.
Section 30
How an administrative agency shall provide access
An administrative agency shall, with due regard for the proper procedure, decide how
a document is to be made public. A paper copy or electronic copy of the document
may be requested. At entities encompassed by the EEA Agreement Annex XI point 5k
(Directive 2003/98/EC) on the re-use of public sector information, and at other
entities where it is prescribed by the King in regulations, the right to a copy applies to
all existing formats and language versions. The right to a copy does not apply to
formats or versions of a document that are publicly available. The King may make
regulations providing that the right to an electronic copy shall not apply to documents
to which a third party has intellectual property rights, and to documents where this is
required on conservation grounds.
Where entities encompassed by the EEA Agreement Annex XI point 5k (Directive
2003/98/EC) on the re-use of public sector information provide access to information
to which intellectual property rights attach, the administrative agency shall, if it
knows, disclose the owner of the rights, or the licence holder from whom the agency
has obtained the information. However, this does not apply where it is clearly
unnecessary to provide such information. The King may by regulations prescribe that
the provisions of this paragraph shall also apply to entities not encompassed by the
EEA Agreement Annex XI point 5k (Directive 2003/98/EC) on the re-use of public
sector information.
Section 31
Refusal and justification for the same
Refusal of a request for access shall be in writing. An administrative agency shall
always indicate the section on which the refusal was based, and any further
subdivision of that section that has been applied. Where refusal is based on section 13,
the agency shall also refer to the section imposing a duty of confidentiality. Where
refusal is based on regulations, the agency must state this and indicate the item in the
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