Summaries of selected statements | 91
The man complained to the Ombudsman because
the authorities had made their decision under the
Access to Public Administration Files Act as he was of
the opinion that the decision should have been made
under the Environmental Information Act.
In the Ombudsman’s opinion the decisive factor in
whether the decision should have been made under
the Environmental Information Act was whether the
information in the case was comprised by section 3
paragraph (3) of the Environmental Information Act.
Under the provision, information concerning measures
affecting or likely to affect the elements of the environment is environmental information.
The Ombudsman found that a decision to renew or not
to renew an alcohol licence was a ‘measure’, and that
the same applied to a secretariat recommendation for
the decision.
The question was subsequently whether they were
measures ‘affecting or likely to affect the elements of
the environment’.
Based on an overall assessment, the Ombudsman was
of the opinion that it was most likely that the information in the case was not comprised by the concept
of environmental information as he did not find that
the decision made by the Licensing Board and the
Secretariat’s recommendation ‘were likely to affect
the elements of the environment’ within the meaning of section 3 paragraph (3) of the Environmental
Information Act.
In this connection, the Ombudsman gave weight
to, among other things, an opinion provided by the
European Commission and the fact that in the case
at hand, the specific measures did not in themselves
relate to any environmental matters and could only
have an indirect impact on the environment.
3) A digital letterbox service by which citizens and businesses
can communicate with public authorities
The Ombudsman therefore could not criticise that the
authorities had not considered the request for access
under the Environmental Information Act.
Other authorities etc. within the
Ombudsman’s jurisdiction
The following statements on cases concluded in 2018
have been published:
2018-1. Receipt and handling by Labour Market’s
Holiday Fund of communications sent via Digital
Post
A complaint from a citizen caused the Ombudsman to
open a general investigation on his own initiative with
the Labour Market’s Holiday Fund about its ability to
reply to communications sent to it via Digital Post3.
The Ombudsman’s investigation showed, among
other things, that the Fund used an IT solution which
was flawed in respect of both recipient and sender
functionality. As a result, the Fund had had problems
replying to some of the communications which it had
received via Digital Post.
The Ombudsman stated, among other things, that
citizens are entitled to use Digital Post in communication with public authorities which are connected to the
Digital Post service as ‘public senders’. This follows
from section 8 of the Act on Digital Post from Public
Senders. As a result of this right, the authorities in
question must be able to receive and handle communications sent via Digital Post.
The Ombudsman was understanding of the fact that
the legal and technical framework conditions for the
Fund’s connection to Digital Post as a public sender
had caused the Fund problems. The Ombudsman appreciated that IT solutions can be quite complex and
that, depending on the circumstances, this can also
be very much the case with special IT solutions at the
individual authority. Nevertheless, it is an authority’s
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