146
annual report 2013
T. MINISTRY OF ECONOMIC AFFAIRS AND THE INTERIOR
The following case concluded in 2013 was selected for publication as part of the
Annual Report:
2013-26. Unjustified refusal pursuant to section 12(1)(ii) of
the Access to Public Administration Files Act of access to
price estimate from telecommunications company
In 2011, a municipality received a letter from a telecommunications company
with a proposal for what the company considered to be a reasonable price/rent
level within the municipality. The proposal concerned rent in respect of land
and buildings for digital telecommunications infrastructure. In its proposal,
the telecommunications company questioned the municipality’s present price
structure, which the municipality had decided upon in 2008, and which had
resulted in a twofold increase of the rent level. By virtue of his job, an advisory
consultant in the field gained knowledge of the existence of the letter, to which
he subsequently requested access from the municipality.
The municipality refused him access – completely initially. After the consultant
had brought the case to the Regional State Administration of Copenhagen,
the municipality allowed him access to the letter from the telecommunications
company. However, the municipality had blanked out the amounts stated in the
letter (referred to below as ‘the price estimate’), with reference to the statement
from the Regional State Administration of Copenhagen as the supervisory
authority for the municipality.
The Ombudsman agreed with the Regional State Administration of Copen
hagen that by virtue of its nature, the price estimate was covered by section
12(1)(ii) of the Access to Public Administration Files Act (information on
operating or business procedures). On the other hand, the Ombudsman did not
find, based on the information available, that the municipality had proved on
a balance of probabilities that granting access to the price estimate would have
any significant financial implications for the telecommunications company.
Therefore, the Ombudsman recommended that the case be resumed and a new
decision be made.
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