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ANNUAL REPORT 2014
J. MINISTRY OF HOUSING, URBAN AND RURAL AFFAIRS
No statements on cases concluded in 2014 have been published.
K. MINISTRY OF CHILDREN, GENDER EQUALITY,
INTEGRATION AND SOCIAL AFFAIRS
The following statement on a case concluded in 2014 has been published:
2014-18. NO GROUNDS FOR EXEMPTING INFORMATION ABOUT
NAMES AND INITIALS OF EMPLOYEES FROM ACCESS
A journalist complained to the Ombudsman because the Ministry of Children,
Gender Equality, Integration and Social Affairs had exempted information
about names and initials of Ministry employees from access.
The Ombudsman said that the journalist’s reason for wanting access – which
was to investigate possible conflict of interest issues in connection with the
Ministry’s allocation of subsidies – could be seen as the core of the Access to
Public Administration Files Act’s basic intent, namely to permit ‘the public’s
control of the public administration’. The Ombudsman stated that it is the Access to Public Administration Files Act’s clear and fundamental basis that there
is access to names of employees in the public administration, and that exemption from this can only take place under special circumstances and according to
a specific assessment.
As far as the Ombudsman was concerned, the Ministry’s assessment of the case
was without a safe basis in the Access to Public Administration Files Act, and
it was more suited to appear as an expression of personnel policy considerations
in the light of a single case than as a factually correct administration of the Act.
The Ombudsman recommended that the Ministry reopen the case and make a
new decision about access to the information in question.
The Ministry reopened the case processing and gave access to the requested
information.
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