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ANNUAL REPORT 2014
Administration for access to information about which of the tested pig farms
were contaminated. The Administration denied the request, specifically on the
grounds that granting access would increase the risk of stigmatisation of the pig
farm owners and their families. The journalists complained to the Ombudsman.
The Ombudsman said that the information about which pig farms were contaminated was environmental information and that the access request had
to be processed according to the Environmental Information Act. It was the
Ombudsman’s opinion that it could not be ruled out that the population’s
reaction to disease in animals which people are in contact with and can get
contaminated by might reach a level where the purpose to avoid stigmatisation
of the people involved can be served by the provisions in section 13(1)(vi) of the
Access to Public Administration Files Act, cf. the Environmental Information
Act regulations. However, the Ombudsman did find that the authorities had
not provided a sufficient basis to exempt the information from access according
to the regulations. In that context, the Ombudsman pointed out that the provisions in section 13(1)(vi) of the Access to Public Administration Files Act have
a limited scope of application, that there is especially extensive access according
to the regulations of the Environmental Information Act, and that, according
to the regulations, it has to be precisely the granting of access to the information that entails or supports stigmatisation. Therefore, there are substantial
requirements for documentation of the need to avoid stigmatisation, etc. if such
needs are to provide grounds for denying access.
M. MINISTRY OF HEALTH
The following statements on cases concluded in 2014 have been published:
2014-1. DECISIONS CRITICISING HEALTH CARE PROFESSIONALS
WERE MADE PUBLIC UP TO 1.5 YEARS LATER. THE STATUTORY
2-YEAR-PERIOD OF PUBLICATION COULD NOT BE REDUCED
The Disciplinary Board of the National Health Service (the Board) had in a
number of cases made decisions where the Board criticised health care professionals for serious or repeated negligence, etc. The National Agency for Patients’
Rights and Complaints (the Agency) which is secretariat for the Board had by
mistake not published the decisions immediately after they were made. Instead,
they were published up to 1.5 years later. In connection with the delayed publishing, the Agency informed the health care professionals in question that the
decisions henceforth would remain public on the relevant websites for 2 years
after the time of publishing.
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