EXTRACTION – THE COMPLEX EXERCISE OF THE ACCESS TO PUBLIC ADMINISTRATION FILES ACT In that context, and according to the circumstances, the Ombudsman will, among other things, conclude conversely from the explanatory notes: if the information differs from the type of information which is defined as not subject to extraction in the explanatory notes, this may indicate that the information is subject to extraction. Finally, the Ombudsman will assess extraction pursuant to the provisions on exemption of, for instance, internal documents and ministerial advice and assistance documents. The considerations behind these provisions are basically to secure the working conditions of the Civil Service and the internal and political decision-making process of the authorities. If there is information in, for example, a ministerial advice and assistance document, and these considerations do not apply, it indicates that the information may be subject to extraction. IS IT POSSIBLE TO MAKE THE COMPLEX EXERCISE EASIER? As shown, it can be difficult for the authorities to decide which information in, among others, internal documents and ministerial advice and assistance documents is subject to extraction and therefore in general would have to be released. This is especially true in the general administrative cases and particularly in relation to external statements and assessments etc. This is partly because the Act and the legislative history do not contain much guidance in these situations. At the same time, the extraction duty has become even more important with the new Access to Public Administration Files Act, because the extraction exercise is applicable to more types of documents, for instance the ministerial advice and assistance documents. The explanatory notes to the provisions on external and internal professional assessments in section 28(1), second sentence, and section 29 are relatively informative. So they provide rather useful guidance for the authorities on distinguishing between external and internal professional assessments within the meaning of the Act. Also the explanatory notes to that part of section 28(1), first sentence, which deals with strictly factual information are pretty simple to understand. It could be worthwhile to consider expanding the Ministry of Justice’s guidance to the Access to Public Administration Files Act or in any revision of the Act to let the explanatory notes provide the authorities with more help to determine which information – besides the factual information as such – contributes to supplementing the evidential grounds for a case. Meaning the information which falls within the category of ‘functional facts’. 63