SUMMARIES OF SELECTED CASES
analyse working hours in primary and lower secondary schools and in general
upper secondary schools for the purpose of preparing for the forthcoming collective bargaining negotiations. Around the time at which the collective bargaining negotiations started, the working group discontinued its work because
according to the Ministry of Finance it was no longer relevant. The Ministry of
Finance also stated that the working group’s documents had remained internal
within the meaning of the Access to Public Administration Files Act since
they were not part of the authorities’ subsequent preparations for the collective
bargaining negotiations.
After investigating the case, the Ombudsman concluded that based on the
information from the Ministry of Finance, there were no legal grounds for
criticising the refusal of access to the documents.
However, the case caused the Ombudsman to make some general statements
about ‘creative thinking’ in regard to the provisions on access to internal documents of the Access to Public Administration Files Act.
2013-13. Inclusion of considerations of validity in decision
to deny increased access to public records
Three journalists complained independently of each other to the Ombudsman
because the Agency for the Modernisation of Public Administration had denied
them access to the public procurement database.
Since the journalists had requested access to a database, and since no data extracts etc. from the database existed, the Ombudsman agreed with the Agency
that the journalists were not entitled to access pursuant to the Access to Public
Administration Files Act. However, the Ombudsman did point out that to
the extent the public procurement database contained environmental information, the question of access must be considered pursuant to the Environmental
Information Act, which – unlike the Access to Public Administration Files Act
– also applies to environmental information contained in a database.
While processing the case, the Agency had also considered giving increased
access to the public procurement database but had not found grounds to do so.
The grounds given by the Agency for denying increased access was that it would
not be possible to guarantee the validity of the information.
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