SUMMARIES OF SELECTED STATEMENTS
work was evaluated in the report as their professional reputation could otherwise be affected. Finally, the authorities stated that it was necessary to protect
the researchers who had carried out the evaluation.
The Ombudsman stated that the provision in section 33 paragraph (5) of the
Access to Public Administration Files Act is intended to have a narrow scope
of application and is therefore only applicable if non-disclosure is to be regarded
as clearly required and there is an obvious risk that the interests worthy of
protection would otherwise be significantly damaged.
The Ombudsman was of the opinion that in an assessment whether access
to information could be denied under section 33 paragraph (5), the need to
ensure that the research carried out at a university is of sufficient quality could
be deemed a legitimate interest to protect. At the same time, however, the
Ombudsman was of the opinion that the argument put forward by the authorities that the DTU would not in future be able to ensure that it could obtain
reliable, critical expert evaluations of research carried out at the University
was too general and undocumented: their argument was not substantiated by,
for instance, statements from the researchers who had carried out the evaluation or by specific information about what is common practice with regard to
confidentiality in relation to evaluations of research.
The Ombudsman therefore recommended that the Danish Agency for Insti
tutions and Educational Grants reopen the case in order to reconsider the
request for access to the report.
2017-28. Environmental information was ‘information on emissions
into the environment’
A journalist asked a university for access to information about the identities
of six farmers in whose soils elevated concentrations of zinc and copper had
been found according to a report prepared by the university. He also asked for
access to information about the identities of two piglet producers whose slurry
had been found to contain zinc and copper according to the report.
The university denied the journalist access, and the Danish Agency for Higher
Education (now the Danish Agency for Institutions and Educational Grants)
made a statement in its capacity as regulatory authority and in essence concurred with the university’s decision. The authorities considered the case in
accordance with the provisions of the Environmental Information Act and
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