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0217/2008/(IP)FOR

The Ombudsman is of the view that it is important that an applicant has at least a sufficient general knowledge of the identity and content of the requested documents in order to exercise this right of rebuttal. This would certainly be the case if the documents were already listed on a public register of documents or if the documents were listed in the response to the initial application. If an institution has not made use of a general presumption in its response to an initial application, but has rather carried out a concrete, individual examination of the requested documents, it would also be good administration for the institution to identify the documents it has examined when responding to the initial application. This would allow the applicant to make an informed confirmatory application setting out why it considers the analysis of the institution to be inadequate.