appendix d: summaries of selected cases
be declined, the Ombudsman was of the opinion that the Ministry should have
made a decision on the request as soon as possible after receiving it.
(Case No. 2010-3954-2000)
13-5. Request for access in general case
regarding trips made by employees
A journalist complained to the Ombudsman about the Ministry of Taxation’s
refusal of his request for access to information about nine trips made by employees of the Central Customs and Tax Administration (SKAT). The grounds
given by the Ministry to the journalist for its refusal were that the Ministry had
not been able to find any documents or information about the trips by searching
its records.
During the Ombudsman’s investigation of the case, the Ministry located nine
questionnaires about the trips. The questionnaires had been completed by
employees and were meant for use in a review in connection with the report to
Parliament which the journalist has referred to in his request for access.
The Ministry of Taxation stated to the Ombudsman that the journalist could
not be granted access to the questionnaires because they were part of the
employees’ personnel files. The Ministry referred to section 2(2) of the Act on
Public Access to Documents on Public Files. The Ombudsman stated that in
his opinion the questionnaires were part of the case concerning the general
review for use in the report to Parliament. Consequently, the Ombudsman did
not find that section 2(2) of the Act on Public Access to Documents on Public
Files could be used as grounds for exemption from access. The Ministry should
have made an individual assessment of whether the information could be exempted from access.
In addition, the grounds given by the Ministry to the journalist for its refusal to
grant access could, in the Ombudsman’s opinion, leave the incorrect impression
that the Ministry was not in possession of documents or information about the
nine trips. The Ombudsman therefore criticised the Ministry of Taxation for
giving a misleading reason for its refusal.
The Ombudsman asked the Ministry of Taxation to reopen the case.
(Case No. 2011-1088-8019)
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