appendix d: summaries of selected cases
applicants to being represented by others – to which they are entitled pursuant to section 8 of the Public Administration Act – when communicating with
universities.
The reason for the Ombudsman investigation was an executive order giving the
universities the power to decide that all communication between university and
students and between university and applicants for courses must, completely or
partially for the individual course, be electronic.
The Ministry agreed with the Ombudsman that students and applicants must
have access to representation by others when communicating with universities.
One way to enable this is for the university to design its IT system to allow
others to use it on behalf of students or applicants. Another way is for the uni
versity to include, as part of its decision to adopt obligatory electronic communication, the option of exemption for students and applicants wishing to be
represented by others.
The Ministry stated that it would adjust the executive order to ensure observance of the provisions of the Public Administration Act on representation by
others.
The Ombudsman wrote to the Ministry that he assumed that the IT system
would inform students and applicants of the possibility of being represented by
others. If the system did not provide this possibility – and students and applicants wishing to be represented by others could therefore be exempt from
electronic communication – the Ombudsman assumed that students and applicants would receive clear and relevant guidance on the option of exemption
from electronic communication.
(Case No. 2011-0050-7091)
14-5. The information in the Vetstat database
is environmental information
The Ministry of Science, Technology and Development refused a number of
citizens access to the Vetstat database, which contains information about the
use, prescription and consumption of prescription-only drugs, growth promoters and coccidiostat feed additives.
With reference to section 3(3) of the Environmental Information Act on administrative measures intended to protect the environment, the Ombudsman
stated that all information in Vetstat is environmental information. In addition,
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