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SUMMARIES OF SELECTED CASES
a. Ministry of Employment
No cases concluded in 2013 were selected for publication as part of the Annual
Report.
b. Ministry of business and growth
The following case concluded in 2013 was selected for publication as part of the
Annual Report:
2013-14. Refusal by the Danish central bank to give
access to documents concerning the setting of the
CIBOR reference rate
A journalist complained to the Ombudsman because the Danish central bank
(Danmarks Nationalbank) had refused him access to documents pertaining to
the setting of the CIBOR reference rate. CIBOR (the Copenhagen Interbank
Offered Rate) is a reference rate for liquidity offered on an uncollateralised basis
for one week up to one year to creditworthy banks.
As grounds for its refusal of access, the Danish central bank had referred to the
‘catch-all provision’ in section 13(1)(vi) of the Access to Public Administration
Files Act. In this connection, the Danish central bank had attached conclusive
importance to the regard for its confidential relationship/dialogue with the
banks.
The Ombudsman found that the Danish central bank’s use of the very limited
exemption clause in section 13(1)(vi) of the Access to Public Administration
Files Act must in reality have been based on a general practice that (all) information exchanged between the Danish central bank and the banks on the setting of the CIBOR rate could be exempted from access. The Ombudsman did
not find that the Danish central bank was entitled to establish a general practice
like that.
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