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ANNUAL REPORT 2014
information in question would weaken the municipality’s negotiating position
in connection with subsequent entering of contracts concerning the leased
property. Thus, the rejection of access to the files could ensure the municipality’s position as contractual party.
The Ombudsman stated that the information was about a contract already entered and that the use of section 33(iii) of the Access to Public Administration
Files Act had to be based on more than the mere general risk that no market
quotations would be received at (possible) future tenders.
It did not appear from the information available in the case that the assessments
by the municipality and the State Administration were based on other information than a general risk. Consequently, the Ombudsman did not consider
the State Administration’s assessment to be adequately reasoned. Therefore, the
Ombudsman did not find that the municipality could exempt the information
from the right of access to public files pursuant to section 33(iii) of the Access
to Public Administration Files Act.
As a consequence hereof, the Ombudsman asked the State Administration to
resume the processing of the case.
The case was subsequently resumed, and the journalist gained access to the
information in question.
2014-16. NOT ENTITLED TO DATA EXTRACTION FROM SECURITY
LOG OF THE CENTRAL NATIONAL REGISTER (CPR)
A man complained to the Ombudsman because the Ministry of Economic
Affairs and the Interior had refused him access to the security log of the central
national register (CPR) regarding inquiries about him in the CPR system.
The Ministry had refused the man’s request for access on the grounds that
though section 11 of the Access to Public Administration Files Act says that
anyone can demand that an administrative authority carries out and hands over
a compilation of existing information in the Authority’s database (so-called data
extraction), the section does not entitle a person to be given an extraction from
the CPR’s security log.
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