2004 freedominfo.org Global Survey Results - Sweden
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

Sweden has a long history of freedom of information, enacting the world's first freedom of information act - the Freedom of the Press Act in 1766. The Act required that official documents should "upon request immediately be made available to anyone making a request" at no charge.

The current version of the Freedom of the Press Act, part of the Constitution, was adopted in 1949 and amended in 1976. Chapter 2 on the Public Nature of Official Documents, (1) decrees that "every Swedish subject shall have free access to official documents." Public authorities must respond immediately to requests for official documents. Requests can be in any form and can be anonymous.

Each authority is required to keep a register of all official documents and most indices are publicly available. This makes it possible for ordinary citizens to go to the Prime Minister's office and view copies of all of his correspondence. There is currently an effort to make the registers available electronically. There are four exceptions to the registration requirement: documents that are of little importance to the authorities activities; documents that are not secret and are kept in a manner that is can be ascertained whether they have been received or drawn up by the authority; documents that are kept in large numbers which the government has exempted under the secrecy ordinance; and electronic records already registered and available from another ministry. (2) Most importantly, internal documents such as drafts, memoranda and outlines are not considered official documents unless they are filed and registered or they contain new factual information that is taken into account in decision making. There is no obligation to keep nonofficial documents.

Under the Act, there are discretionary exemptions to protect national security and foreign relations; fiscal policy, the inspection and supervisory functions of public authorities; prevention of crime; the public economic interest; the protection of privacy; and the preservation of plant or animal species.

All documents that are secret must be specified by law. A comprehensive list of the documents that are exempted is provided in the Secrecy Act. (3) Most of the restrictions require a finding that release would harm the interest protected. Information can be kept secret for between 2 and 70 years. The Secrecy Ordinance sets additional regulations on some provisions of the Secrecy Act. (4)

Decisions by public authorities to deny access to official documents may be appealed internally. They can then be appealed to general administrative courts and ultimately to the Supreme Administrative Court. Complaints can also be made to the Parliamentary Ombudsman. (5) The Ombudsman can investigate and issue non-binding decisions. The Ombudsman received 300 complaints relating to access to documents and freedom of the press between July 2000 and June 2001 and issued admonitions to government departments in 98 cases. (6)

The government ran an "Open Sweden Campaign" in 2002. The campaign was aimed at increasing public-sector transparency, raising the level of public knowledge and awareness of information disclosure policies, and encouraging active citizen involvement and debate. It was coordinated by representatives from the national government, county councils, municipalities and trade unions. The government said that even with the longstanding existence of freedom of information in Sweden, that the rights in the Act were not being upheld properly finding:

clear signals from the public, journalists and trade unions and professional organizations indicate that inadequacies exist in terms of knowledge about the public access to information principle, and with respect to its application. Examples of such inadequacies include delays in connection with the release of official documents, improper invocations of secrecy and cases where employees do not feel at liberty to exercise the freedom of expression and communication freedom guaranteed them by law. Many citizens have insufficient knowledge of these rights, making it difficult for those citizens to exercise them. The government believes that this type of openness is one of the cornerstones of a democratic society, and that it must continue to be so.

The Government announced a proposal in 2002 to merge the Secrecy Act and the Public Records Act into a single Management of Official Documents Act that would "set all the requirements to be met by public authorities throughout the process of handling official documents." (7)

Sweden signed the Aarhus convention in June 1998. Access to environmental information is under the Freedom of Press Act.

Individuals have a right to access and correct personal information held by public and private bodies under the Personal Data Act. (8) It is enforced by the Data Inspection Board. (9)

The Penal Code makes it a crime punishable up to one year to intentionally release secret information.

Notes

1. See http://www.oefre.unibe.ch/law/icl/sw00000_.html

2. Public Access to Information and Secrecy with Swedish Authorities. http://www.sweden.gov.se/sb/d/574/a/36828, Administrative Affairs, The principle of access to official documents in Sweden. http://www.sweden.gov.se/sb/d/2853/a/18096

3. Secrets Act (1980:100). http://www.notisum.se/rnp/sls/lag/19800100.htm (in Swedish). See Public Access to Information and Secrecy with Swedish Authorities.

4. Secrecy Ordinance (1980:657). http://www.notisum.se/rnp/sls/lag/19800657.htm (in Swedish)

5. Homepage: http://www.jo.se/Page.aspx?Language=en

6. Annual Report 2001-2002.

7. http://justitie.regeringen.se/propositionermm/sou/pdf/sou2002_97.pdf

8. Personal Data Act (1998:204). http://www.datainspektionen.se/pdf/ovrigt/pul-eng.pdf

9. Home page: http://www.datainspektionen.se/in_english/start/start.shtml