126 annual report 2013 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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