appendix d: summaries of selected cases
therefore necessary to exempt the information from access due to regards for
important aspects of the security of the State.
The Ombudsman stated that hazardous companies are subject to several special
provisions according to which the public must be informed of the companies’
circumstances. The provisions stipulate that the public is to have access to a
number of particulars of the type contained in the charts. Consequently, it was
the Ombudsman’s opinion that much of the information was not confidential
and was therefore not covered by section 13(1) of the Access to Public Administration Files Act on exemption from access due to regards for the security of the
State.
The Ombudsman criticised that the authorities’ assessment of the question of
access to the charts had not included the public access presumption contained
in the special provisions on matters pertaining to hazardous companies. This
omission meant that the authorities had not considered whether access should
be granted to (parts of) the documents on the basis of these provisions.
(Case No. 2009-0872-101)
10. M
inistry OF Refugees, Immigrants and
Integration
No cases concluded in 2010 were selected for publication in the Annual Report.
11. ministry of food, agriculture and fisheries
The following case concluded in 2010 was selected for publication in the Annual
Report:
1. A
company was not a party to a case concerning
another company’s marketing of an almond cake
product
The food safety authorities would not consider a company a party to a case
concerning the marketing and branding of another company’s almond cake
product. The Veterinary and Food Administration had decided that the other
company could not use the designation ‘almond cake’ about a product with an
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