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Reference / The SignalDenmark · Updated 19 Sep 2026
The Signal

A copy withheld in full because it concerned other people too

Serious criticism and an order: an exemption from the right of access is assessed item by item, so the parts it does not reach are still disclosed.

29 Nov 2022DecisionDenmarkReviewed 15 Sep 2026

By Magdalena Góralczyk, Partner, Head of Data Protection.

What happened

The authority expressed serious criticism of a law firm's handling of an access request under Article 15(3), and ordered it to decide whether the conditions for handing over a copy were met and to tell the requester whether the copy was granted or refused. The firm had answered the Article 15(1) information within a fortnight but declined the copy outright, on the view that disclosure at that point could hinder an investigation it was carrying out for a public authority, and because the material also concerned third parties; it later put the material to the person at an interview and let them comment on it without giving them a copy. The authority held that the national exemption turns on decisive regard for private or public interests, that the weighing is done for each item of information separately, so that where such regard reaches only part of the material the rest must still be disclosed, and that there is no power to exempt a whole kind of processing from the right of access. It held that the refusal could not be sustained within the national exemption once the interview stage had passed, and that the presence of third party data called for item by item redaction rather than refusal of the whole.

What changes at the desk

Other people's data inside a document is a reason to redact that document and not a reason to hold the file back. Work item by item, release everything the exemption does not reach, and put the refusal of the rest in writing with the ground it rests on. Reading somebody their own data across a table is not giving them a copy, and a pause while an investigation runs is a reason to revisit the request when the investigation ends rather than a reason never to answer it.

Primary source

DecisionDenmark29 Nov 2022

Elsewhere on the record

Entries from the same jurisdiction, or on the same kind of document. Each one links the text it was written from, as this one does.