Transparency is one of the most important democratic tools we have. The right is enshrined in law, and must, among other things, ensure that the individual gets insight into what the authority is doing.
The Publicity Act
Act on the right of access to documents in public enterprises (Public Administration Act)
Guide to the Public Relations Act / legal director of the Public Relations Act
Main rule
Anyone can request access to documents from a public body. The right is authorized in Section 3 of the Public Information Act, where it is stated that the right of access includes case documents, journals and similar registers.
The access requirement must apply to a specific case or, to a reasonable extent, cases of a specific nature. The case or cases must therefore be identifiable. You cannot use the Freedom of Information Act to request access to information that is not archived or registered with a public body. Pursuant to § 9, one can also request access to database information that can be generated into a document with simple aids.
The principle of openness is enshrined in the constitution, cf. the constitution §100, where it is established that everyone has the right to access public documents, unless restrictions are laid down in law based on considerations of privacy and other weighty reasons.
The municipality has a duty to assess all access requirements based on consideration of the public and consideration of private interests. The municipality must also practice "more public access", which means that the municipality should provide access if the consideration for the public outweighs the need for screening.
Documents that wholly or partly contain confidential information may be exempted from public disclosure pursuant to the provisions of §13 of the Public Information Act, cf. §13 to 13f of the Public Administration Act. Breach of the duty of confidentiality is punishable under Section 121 of the Criminal Code.
Request access
If you want access to a case or documents, you must send a written request marked INNSYN.
The request can be sent by post to Askøy municipality, Klampavikvegen 1, 5300 Kleppestø or e-mail to postmottak@askoy.kommune.no
Case processing
The access requirement must be assessed concretely and independently and decided without "unreasonable delay".
The municipality must give reasons for refusing access to documents. The refusal must be in writing and refer to the underlying statutory provision, to which section, letter or number of the provision has been used.
Appeals
Refusal of access under the Public Information Act is a decision that can be appealed under Section 32 of the Public Information Act.
The person who has been refused can demand a more detailed explanation for the main reasons underlying it within three weeks of receiving the refusal. The body must provide written reasons as soon as possible and at the latest within ten working days after the claim has been received.
The county governor is the appeal body for municipal decisions, cf. section 32 subsection XNUMX of the Public Relations Act. Otherwise, Chapter VI of the Public Administration Act on appeals and changes applies.
The appeal deadline is three weeks from the time notification of the decision has reached the party, cf. section 29 first paragraph of the Administration Act.
Other laws
Other laws are also important for safeguarding the right of access, including section 18 of the Public Administration Act (inspection for the individual/party access).
Section 4 of the Local Government Act Information about the municipality's and county council's activities: "Municipalities and county councils must provide active information about their activities. The conditions must be set as best as possible for public access to the municipal and county council administration".
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