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ANNUAL REPORT 2015
to 2014. The information was included both in the specific disciplinary cases
involving the individual employees and in a general case in which a list of disciplinary cases with summaries of the cases was kept for management information purposes.
The Department of the Prison and Probation Service granted the journalist
access to some of the information in the cases, but denied him access to other
information with reference to the provision in section 21(2) of the Access to
Public Administration Files Act, according to which there is no right of access
to information in cases concerning individual persons’ employment within the
public sector.
The journalist complained to the Ombudsman. The Ombudsman agreed with
the Department that the specific disciplinary cases were cases concerning individual persons’ employment within the public sector and were therefore as a
general rule not covered by the right of access.
The Ombudsman stated that – in the light of the explanatory notes to the provision in section 21(2) of the Access to Public Administration Files Act – it
must be presumed that there were relatively wide powers also to exempt the
information in the general case in accordance with the provision in section 33(v)
of the Act. However, it was important to note that in such instances, where
information in specific cases concerning individual persons’ employment within
the public sector was also included in a general case, a specific assessment was
to be made of whether there were such public or private interests as to necessitate secrecy because of the special nature of the matter.
As the Department’s processing of the case left the impression that such an
assessment had not been made in relation to the general case in which the list
of disciplinary cases was kept, and as some of the information contained in the
summaries might in part be publicly available, the Ombudsman recommended
that the Department reopen the case in order to make a specific assessment of
whether the journalist should be granted further access to information in the
summaries.
The Department subsequently reopened the case and granted the journalist
access to further information.
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