Grumpy old man 2.0: Complaint to the Ombudsman

I complained to the Digitalization Agency about AU and SDU’s use of Digital Post for their questionnaires. The board told me that they do not have authority and have referred me to the Parliamentary Ombudsman. So now I’ve updated the complaint – got a bit more Digital Post after my last complaint post – and sent it to the Ombudsman.

Regarding my last post, I would like to say thank you for all the comments – nice to see that I’m not the only grumpy old man in r/Denmark. And no, it is not the world’s biggest problem when we receive Digital Post, not even in the amount that I have received. But we have to draw a line somewhere. We have limits for div. things in this country, and they also come from somewhere – maybe even a grumpy old man.

The full text of the complaint:

Introduction

I hereby wish to file a formal complaint against public authorities’ use of Digital Post and NemSMS to send out questionnaires, research projects, data collection and repeated reminders for participation in these surveys.

I believe that this practice is contrary to the purpose of the Digital Post solution, cannot be considered the exercise of public authority and is contrary to good administrative practice.

My inquiry is not about a single error or a limited number of messages, but about a general and fundamental problem in the public administration’s use of mandatory digital communication channels.

Background and nature of the problem

Since September 2025, I have received an extensive amount of inquiries from public institutions via Digital Post and NemSMS, all with the aim of inviting me to participate in voluntary questionnaire surveys, often accompanied by raffles for cash prizes.

These inquiries do not concern my rights or duties, do not contain any authority decisions and are not necessary communications from a public authority to me as a citizen.

On the contrary, this is data collection for the purpose of statistics, which does not directly require the use of Digital Post.

Overview of the inquiries

Below is an overall chronological overview of the messages I have received in the period September-November 2025:

· 18 September – Aarhus University – Research project on younger Danes

· 30 September – Aarhus University – Research project on younger Danes

· 9 October – University of Southern Denmark – Answers to questions about movement and wind DKK 10,000.

· 14 October – Aarhus University – Reminder: Attitudes of younger Danes

· 22 October – University of Southern Denmark – Participate in Denmark’s largest measurement of movement

· 1 November – University of Southern Denmark – Help research – you can win DKK 10,000.

· 5 November – NemSMS without specified sender – “Participate in the questionnaire (…) – win DKK 500.

· 8 November – University of Southern Denmark (NemSMS) – We need your answers – win DKK 10,000 (received Saturday kl 08.10)

· November 19 – University of Southern Denmark – Last chance: Help research – win DKK 10,000.

It is my opinion that this volume of inquiries – and the way in which they are sent out – creates a significant risk that important messages from the authorities and the health service are overlooked. It undermines citizens’ trust in Digital Post as an official communication channel.

My original inquiry to the Digital Agency

On November 7, 2025, I sent a complaint to the Digital Agency (attached to this request), where I described the problem as being in violation of:

· Act on Digital Mail from public senders (LBK 686)

· Purpose of the Digital Post solution

· Basic principles of good administrative practice

The Digital Agency replied on 27 November 2025 (attached to this request) that they did not have authority to control public senders’ use of Digital Post, but stated that public senders can use Digital Post when the communication takes place as part of the exercise of public authority, and that exercise of authority in this context includes both decision-making activities and actual administrative activities. However, it is up to the sending authority to assess whether questionnaire surveys fall under this exercise of public authority.

In the end, the agency referred to the Parliamentary Ombudsman, as the complaint deals with the issue of good administrative practice.

Why the practice is problematic

It is my assessment that the practice described is contrary to several basic principles of administrative law:

Digital Post may only be used for communication as part of the exercise of public authority

It follows from § 7, subsection 1, i announcement of the Act on Digital Post from public senders (LBK no. 686 of 15/04/2021), that public senders can use Digital Post for communication, and that communication means the sending of all documents, messages, etc., including decisions.

The universities’ mass mailings of questionnaires, research projects, monetary competitions and reminders for answers cannot be classified as decision-making activities, specific case management or necessary for citizens’ rights or duties, and therefore they do not fall under the provisions of § 7, subsection 1.

Good administrative practice

As an employee in the public sector, where I work with authorities within the Environmental Protection Act, I am familiar with the administrative legal framework to which public authorities and institutions fall.

In the case of the universities’ mass broadcasts, I believe that there is a breach of the basic principles of administrative law, which deal with:

· the authorities’ communication must be clear, relevant and proportionate,

· citizens must not be exposed to unnecessary disturbances and that

· the authorities must not create a risk of important communications being overlooked

The latter applies to both decisions and dispatches by Digital Post.

The current practice displayed by the universities undermines Digital Post’s function as an official channel and generates noise that makes it difficult for citizens to manage important communications, e.g. employment contracts, doctor’s summons and official announcements.

At the same time, it undermines the other public authorities’ use of Digital Post, as the messages risk being overlooked as a result of the many messages from senders who do not actually carry out official work.

It is therefore my assessment that these are violations of good administrative practice in its purest form.

Lack of option to opt out

It is mandatory for citizens in Denmark to receive mail from the public, whether it is physical or digital. But there is no option to opt out of types of mail that do not have the character of communication, as stipulated in LBK 686 § 7, subsection 1, e.g. questionnaires, data collection, reminders and reminders.

This corresponds to citizens being forced to receive advertisements and collections from private actors without any consent and without the possibility of a “No thanks” option.

I believe that it is in the borderland between legal and illegal, and that it is incompatible with Digital Post’s purpose.

Why the matter should be dealt with by the Ombudsman

The case is fundamental because the problem does not only affect me, but potentially all recipients of Digital Post. The authorities today have free access to use Digital Post for purposes that are not the exercise of authority.

Current practice means that public authorities and institutions must supervise themselves. An administrative law problem arises here, because there is neither independent control nor the possibility to prevent authorities from expanding and using Digital Post in a way that goes beyond the purpose of the law. In addition, there is no complaints board or independent administrative supervisory body that citizens can turn to when Digital Post is used contrary to its purpose. This leaves citizens with no real recourse other than to lodge a complaint with the Ombudsman.

At the same time, citizens have no option to opt out of receiving inquiries that, in accordance with LBK 686 § 7, subsection 1, cannot be regarded as existing communication.

Together, the general problem is that this undermines the public administration and Digital Post as a communication channel, as well as creating the possibility that important Digital Post is overlooked.

Request to the Ombudsman

I request the Ombudsman to investigate:

1. Whether public institutions’ sending out questionnaires and data collection via Digital Post is in violation of announcement of the Act on Digital Post from public senders (LBK 686 of 15/04/2021).

2. Whether dispatches as mentioned above are in accordance with good administrative practice.

3. Whether it should be considered a lack of legal certainty that citizens cannot opt ​​out of this type of inquiries.

4. Whether the Digitalization Agency should have supervisory powers or responsibility to ensure that Digital Post is used correctly in accordance with the purpose of the law.

I look forward to confirmation that my complaint has been received and processed, as well as the Ombudsman’s assessment of the concerns raised.

I am of course available for further information and understand that there may be a longer response time as a result of Christmas and the Christmas holidays.

Kind regards