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ANNUAL REPORT 2015
mation publicly available differed from making information about the future
positioning of camera vans public in advance. Thus, despite the fact that the
public would know that camera vans might be deployed in the same locations
in future, the public’s knowledge would not be complete. On the available basis,
the Ombudsman therefore did not find that the police force and the National
Police could exempt the information under section 33(i) of the Access to Public
Administration Files Act.
The Ombudsman thus recommended that the National Police reopen the case
and make a new decision.
2015-56. Refusal of access to documents about experience
with the rules on logging of telephone and Internet traffic.
Cases concerning legislation. The case concept
A journalist complained to the Ombudsman because the Ministry of Justice
had denied him access to documents about experience with the rules on logging
of telephone and Internet traffic.
The documents – which had been registered to four different cases – had been
exempted on the grounds that they were part of cases about revision of the
provisions in the Administration of Justice Act on logging, i.e. they were part of
cases concerning legislation.
The case occasioned the Ombudsman to express some views on the case concept
and the registration of documents.
The Ombudsman agreed with the Ministry of Justice that there was a ‘case
concerning legislation’ within the meaning of the Access to Public Administration Files Act.
However, the Ombudsman found that some of the exempted documents could
not be considered to be part of the case concerning legislation. Instead, these
documents were to be regarded as part of one or more cases about revision of
the executive order on logging of telephone and Internet traffic, and they could
therefore not be exempted from access under the provision on exemption of
cases concerning legislation.
The Ombudsman recommended that the Ministry reopen the case and make a
new decision with respect to the documents in question.
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