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ANNUAL REPORT 2014
2014-32. DATA EXTRACTION. SPECIAL CONFIDENTIALITY
PROVISION. FEW AND SIMPLE COMMANDS
A journalist asked the Danish Business Authority for information from the
Central Business Register (CBR) about the number of employees in specific
companies. The information was publicly available via extraction from the CBR
but only in larger unit groups. The journalist wanted either to be informed of
the exact number of employees or to receive the information in smaller unit
groups.
The Danish Business Authority refused the request with, i.a., reference to the
provision in section 18(7) of the Act on the Central Business Register which
says that information about the number of employees shall only be passed on in
the form of size groups. It was the Danish Business Authority’s assessment that
the provision had the character of a specific confidentiality provision which prevented the information being given out in smaller unit groups than those already
determined. The Ministry of Business and Growth confirmed the decision.
The journalist then complained to the Ombudsman who stated that he agreed
with the Danish Business Authority and the Ministry that the provision in
the Act had to be considered a specific confidentiality provision, at least with
regard to the passing on of information about the current, precise number of
employees in CBR-registered companies. Thus, though a grouping of information about the exact number of employees could be produced via few and simple
commands, the Ombudsman could not criticise that the authorities had not
carried out a data extraction of this nature pursuant to section 11 of the Access
to Public Administration Files Act.
In addition, the Ombudsman agreed with the authorities that a grouping of
information on the number of employees in smaller unit groups than those
already determined in the CBR could not be carried out via few and simple
commands. Therefore, the Ombudsman could not criticise that the authorities
had not carried out a data extraction of this nature pursuant to section 11 of the
Access to Public Administration Files Act. On this basis, the Ombudsman did
not find grounds for considering whether the provision in the CBR Act prevented information about the number of employees being given out in smaller
unit groups.
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