126
ANNUAL REPORT 2015
secretariat services. The Ombudsman recommended the Board of Equal Treatment to reopen the case and make a new decision.
2015-26. Insufficient grounds given for partial refusal to grant
access to files. Extraction duty
A journalist complained to the Ombudsman because he had received a partial
refusal from the Ministry of Employment to a request for access to information
about the payment of social benefits to persons who had departed for Syria.
It was the Ombudsman’s opinion that the grounds given by the Ministry for the
decision far from satisfied the requirements of section 24 of the Public Administration Act and the established practice. It appeared nowhere ‒ neither from
the decision itself nor from the accompanying files list ‒ which documents had
been exempted from access or according to which provisions in the Access to
Public Administration Files Act the individual documents had been withheld.
Nor did it say if the documents included information which was subject to extraction but which had not been given to the journalist after all ‒ because it was
already publicly available or had been released via other documents.
The Ombudsman considered whether the grounds given by the Ministry were
so insufficient that he could not investigate the case, but he did find, however,
that the Ministry’s information provided a sufficient basis for an investigation.
The Ombudsman could not criticise that the Ministry of Employment had
exempted a number of documents from access pursuant to section 23(1)(i) of the
Access to Public Administration Files Act on internal documents and section
24(1) of the Act concerning ministerial advice and assistance documents.
However, the Ombudsman did find that two of the exempted documents contained more information about the factual basis of the case than the Ministry
had assumed, and that this information should therefore have been extracted
pursuant to section 28(1) of the Access to Public Administration Files Act.
The Ombudsman recommended that the Ministry of Employment reopen the
case and make a new decision regarding access to the exempted information.
The Ministry subsequently reopened the case and granted access in accordance
with the Ombudsman’s comments. In addition, the Ministry took note of the
Ombudsman’s criticism of the grounds given by the Ministry for its original
decision.
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