Access to file: Correspondence with lawyer
Access to a port's email correspondence with a lawyer had been requested. The correspondence concerned discussions about an objection to a customer being terminated.
It was assessed that the correspondence was exempt from access to documents under section 27(4) of the Danish Access to Public Administration Files Act on "Correspondence with experts for use in legal proceedings or when considering whether legal proceedings should be conducted".
The exception is generally assumed to be used without there being an actual lawsuit, but if a lawsuit was a realistic possibility.
It was also considered whether the request could be granted under the principle of additional publicity, which was not the case.
The above is a concrete opinion and if concrete decisions are to be made, it will need to be investigated further.
