Appeal on request to DEFSTNOR re: "Target Audience Analysis" NATO course

Innsynshenvendelsen ble avvist av Forsvarsdepartementet.

Paul-Olivier Dehaye

Dear Ministry of Defence,

I hereby wish to appeal a rejection on a Freedom of Information request made to DEFSTNOR. That request was submitted November 12th 2016, is visible at
https://www.mimesbronn.no/en/request/tra...
and was given reference number 2016040940.

The original request was as follows:

------------------ begin snip --------------------
It is my understanding that one of the Senior Advisors of the
Norwegian Army Staff (Strategic Communication) has taken a "Target
Audience Analysis" course in May-June-July 2015 at the NATO
Stratcom Center of Excellence in Riga, Latvia.

The course materials consisted of 7 volumes and one workbook. I
would like to get a copy of the table of contents for the overall
content of those volumes. I would also like to get a copy of the
schedule for the 8 weeks of the course itself.
------------------- end snip ---------------------

To be clear, the Senior Advisor has publicly tweeted her participation:
http://archive.is/SbnWC

There is additionally a public picture of the physical 7 volumes and the workbook at
http://archive.is/4PXtY

My understanding is that DEFSTNOR consulted with an external entity before eventually refusing. It is not clear, despite my request for clarification (January 21 2017), but quite probable, that this external entity is the STRATCOM center.

It was also not made clear to me, despite my request for clarification (January 30th 2017), whether DEFSTNOR itself held the volumes containing the sought table of contents. The responses can be read however as an implicit admission that they do.

The grounds for appeal are:
- The stated rejection is invalid, as DEFSTNOR fail to provide the precise paragraph in law used to justify the rejection, a violation of offentleglova §31.1.2: «Organet skal alltid vise til den føresegna som gir grunnlag for avslaget, og til kva ledd, bokstav eller nummer i føresegna som er brukt.» See also http://presse.no/klagebrev/du-far-avslag...
- It is my understanding that, should DEFSTNOR itself hold a copy of the documents, it is their obligation to consider my request independently of STRATFOR's view.
- It is my understanding that, should DEFSTNOR itself hold a copy of the documents, they would be in violation of offentleglova § 29.1.1: «Eit organ som mottek eit innsynskrav, skal vurdere kravet konkret og sjølvstendig».
- Overall, DEFSTNOR is certainly in violation of offentleglova § 29.1.2: «Kravet skal avgjerast utan ugrunna opphald».

Yours faithfully,

Paul-Olivier Dehaye

Thank you for your enquiry. It is registered with reference number 2017006125.
Should you need to contact us, please quote this number.

Yours Sincerely
Norwegian Defence Registry and Archives Office

-----Opprinnelig melding-----
Fra: Postmottak FD [mailto:[epostadresse]]
Sendt: 8. februar 2017 10:03
Til: Forsvaret
Emne: VS: Freedom of Information request - Appeal on request to DEFSTNOR re: "Target Audience Analysis" NATO course

-----Opprinnelig melding-----
Fra: Paul-Olivier Dehaye [mailto:[Innsyns-e-postadresse #288]]
Sendt: 8. februar 2017 09:45
Til: Postmottak FD <[epostadresse]>
Emne: Freedom of Information request - Appeal on request to DEFSTNOR re: "Target Audience Analysis" NATO course

Dear Ministry of Defence,

I hereby wish to appeal a rejection on a Freedom of Information request made to DEFSTNOR. That request was submitted November 12th 2016, is visible at https://www.mimesbronn.no/en/request/tra...
and was given reference number 2016040940.

The original request was as follows:

------------------ begin snip -------------------- It is my understanding that one of the Senior Advisors of the Norwegian Army Staff (Strategic Communication) has taken a "Target Audience Analysis" course in May-June-July 2015 at the NATO Stratcom Center of Excellence in Riga, Latvia.

The course materials consisted of 7 volumes and one workbook. I would like to get a copy of the table of contents for the overall content of those volumes. I would also like to get a copy of the schedule for the 8 weeks of the course itself.
------------------- end snip ---------------------

To be clear, the Senior Advisor has publicly tweeted her participation:
http://archive.is/SbnWC

There is additionally a public picture of the physical 7 volumes and the workbook at http://archive.is/4PXtY

My understanding is that DEFSTNOR consulted with an external entity before eventually refusing. It is not clear, despite my request for clarification (January 21 2017), but quite probable, that this external entity is the STRATCOM center.

It was also not made clear to me, despite my request for clarification (January 30th 2017), whether DEFSTNOR itself held the volumes containing the sought table of contents. The responses can be read however as an implicit admission that they do.

The grounds for appeal are:
- The stated rejection is invalid, as DEFSTNOR fail to provide the precise paragraph in law used to justify the rejection, a violation of offentleglova §31.1.2: «Organet skal alltid vise til den føresegna som gir grunnlag for avslaget, og til kva ledd, bokstav eller nummer i føresegna som er brukt.» See also http://presse.no/klagebrev/du-far-avslag...
- It is my understanding that, should DEFSTNOR itself hold a copy of the documents, it is their obligation to consider my request independently of STRATFOR's view.
- It is my understanding that, should DEFSTNOR itself hold a copy of the documents, they would be in violation of offentleglova § 29.1.1: «Eit organ som mottek eit innsynskrav, skal vurdere kravet konkret og sjølvstendig».
- Overall, DEFSTNOR is certainly in violation of offentleglova § 29.1.2: «Kravet skal avgjerast utan ugrunna opphald».

Yours faithfully,

Paul-Olivier Dehaye

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Paul-Olivier Dehaye

Dear Forsvaret,

I still have not received a response on my request for review. Could you please provide an update? What would be my next recourse mechanism?

Yours sincerely,

Paul-Olivier Dehaye

Forsvaret,

Thank you for your enquiry.
Your remidner has been received and recorded with reference nummber:2017006125

Yours Sincerely
Norwegian Defence Registry and Archives Office

-----Opprinnelig melding-----
Fra: Paul-Olivier Dehaye [mailto:[Innsyns-e-postadresse #288]]
Sendt: 16. mars 2017 9:02
Til: Forsvaret
Emne: Re: SV: VS: Freedom of Information request - Appeal on request to DEFSTNOR re: "Target Audience Analysis" NATO course

Dear Forsvaret,

I still have not received a response on my request for review. Could you please provide an update? What would be my next recourse mechanism?

Yours sincerely,

Paul-Olivier Dehaye

vis sitert seksjon

FST Kontakt (postboks),

Dear Sir,

We have answered this question before, and the answer is the same; Even
 though one employees has attend the course, the Defence Staff are not in
the position of providing you the course materials. The course materials
are “for official use only”, and there is copy rights restrictions on some
of the materials. We have been in touch with representatives for the
Centre, and they have not granted the Defence Staff permission to release
the materials you asked for. If you contact the Strat Com Centre directly,
they might be able to provide you the materials. 

This refusal may be appealed to The Ministry of Defence within three (3)
weeks in according to the Trust Act (Forvaltningsloven)

Yours sincerely,

Katrine Gramshaug
Senior Adviser
Defence Staff Norway

 

 

Fra: FST Kontakt (postboks)
Sendt: 17. februar 2017 13:14
Til: 'Paul-Olivier Dehaye' <[epostadresse]>
Emne: Course materials from the Strat Com Centre of Excellence

 

Dear Mr. Dehaye, 
You have several times been in touch with us, asking for the course
materials from the Strat Com Centre of Excellence. Even  though one
employees has attend the course, the Defence Staff are not in the position
of providing you the course materials. The course materials are “for
official use only”, and there is copy rights restrictions on some of the
materials. We have been in touch with representatives for the Centre, and
they have not granted the Defence Staff permission to release the
materials you asked for. If you contact the Strat Com Centre directly,
they might be able to provide you the materials. 

This refusal may be appealed to The Ministry of Defence within three weeks
in according to the Trust Act (Forvaltningsloven)

 

Yours sincerely,

Katrine Gramshaug
Senior Adviser
Defence Staff Norway