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The Ombudsman found that the Agency’s inclusion of considerations of the
validity of the information as grounds for denying increased access raised a
fundamental and unresolved question which caused considerable doubt. On this
basis, and in view of the ongoing process of drawing up a new Access to Public
Administration Files Act, the Ombudsman found that the correct thing to do
was to inform the Ministry for Justice about the case so that the Ministry could
consider a legislative clarification of the issue. Furthermore, the Ombudsman
informed Parliament’s Legal Affairs Committee about his processing of the
case.
2013-17. Information about NemID was not exempt from
access on the grounds of considerations with regard to
national security
A journalist complained because the Ministry of Finance and the Agency for
Digitisation had exempted information when he was given access to two system
revision certificates for NemID (common secure login on the Internet).
The authorities had exempted the information in accordance with section
13(1)(i) of the Access to Public Administration Files Act on important considerations in regard to the security of the State or the defence of the realm.
Overall, the Ombudsman agreed that information of significance to the security in relation to NemID could be of such a nature that access could be restricted
with reference to necessary protection of important considerations in regard to
the security of the State or the defence of the realm.
However, on going through the specific information which had been exempted
from access, the Ombudsman did not agree that the conditions for exempting
this information with reference to the security of the State were fulfilled. The
Ombudsman did not find that the authorities had explained in detail how such
adverse effects could occur which are a prerequisite for the provision in section
13(1)(i) of the Access to Public Administration Files Act to be applicable. On
this basis, the Ombudsman recommended that the Ministry of Finance reopen
the case and make a new decision.
The Ombudsman was later informed that the Agency for Digitisation had made
a new decision which gave the journalist full access to the two system revision
certificates for NemID.
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