62 ANNUAL REPORT 2015 Finally, we would like to mention a case – the Ombudsman’s Annual Report for 2014, Case No. 2014-23 – about a note made by the Ministry of Justice after a telephone conversation with a party secretary. Among other things, the note contained a summary of the party secretary’s statements on the subsidy concept in the Political Parties Accounts Act. The Ombudsman was of the opinion that this information was subject to extraction. He stressed that the statements in the note were not ‘professional’, nor did they concern viewpoints, arguments or assessments ‘in regard to a decision in a case’ but were part of the basis for the Ministry’s guidance of the party secretary. The Ombudsman also found that this result agreed best with the purpose of the extraction provision in section 28(1), first sentence, of the Access to Public Administration Files Act. So in this case, the Ombudsman used that which the explanatory notes state regarding the kinds of statements that are not subject to extraction to – conversely – say that the statements in the case at hand were subject to extraction. THE OMBUDSMAN’S POINTS OF REFERENCE In the light of the specific cases, it is possible to say something about the factors which the Ombudsman includes and emphasises when interpreting and inferring from the legislative basis. Not least, how the Ombudsman concludes that the information falls within the category of ‘functional facts’. The Ombudsman puts – as presumed in the legislative history – emphasis on the function that the information has in the case. Even though information does not resemble facts, it can actually function as facts. This means that it is part of the basis for the authorities’ position. 28 Section 28. The right of access to information in documents within the provisions of section 23, section 24(1), section 25 and section 27(i-iv), includes, regardless of these provisions, information about the factual grounds for a case to the extent the information is relevant to the case. The same applies to information on external professional assessments which is found in documents within the provisions of section 23, section 24(1), section 25 and section 27(i-iv). (2) (1) does not apply to the extent 1) it will necessitate a disproportionate amount of resources 2) the information in question appears from other documents which are released in connection with the access request or 3) the information is publicly available. Section 29. The right of access to information in documents within the provisions of section 23, section 24(1), section 25 and section 27(i-iii), includes, regardless of these provisions, information about internal professional assessments in their final form to the extent the information is part of a case about proposed legislation or a published case report, action plan or the like. However, this does not apply to information on internal professional assessments which are drawn up for the use of ministerial advice and assistance or for guidance on the presidency of Local Government and of Danish Regions. (2) Section 28(2) applies accordingly. 29 (Unauthorised translation)