Sweden was the first country ever to adopt a freedom of information act.

The right on freedom of information is declared in one of four fundamental laws of Sweden that form the Swedish Constitution. Swedish legislation contains several provisions related to freedom of information and access to public documents.

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Sweden was the first country ever to adopt a freedom of information act.

The right on freedom of information is declared in one of four fundamental laws of Sweden that form the Swedish Constitution. Swedish legislation contains several provisions related to freedom of information and access to public documents. It is noteworthy that Swedish fundamental laws significantly address the legal ground of freedom of information rights and, therefore, prioritize the issue of freedom of information among with other fundamental rights of citizens. According to one of these fundamental laws, namely the Instrument of Government law (Chapter 2, Art. 1, par. 2), “Every citizen shall be guaranteed the following rights and freedoms in his relations with the public institutions: … 2. freedom of information: that is, the freedom to procure and receive information and otherwise acquaint oneself with the utterances of others”.

Swedish legislation contains precise definitions of official documents and regulation of documentation procedures. The definition of an official document and the citizens’ right to access official documents are provided for by another fundamental law of Sweden: According to the Freedom of Press Act (Chapter 2, Art. 1): “Every Swedish citizen shall be entitled to have free access to official documents, in order to encourage the free exchange of opinion and the availability of comprehensive information”. Second paragraph of the same article defines discretionary exceptions that include protection of 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. However, all the exceptions for public access to official documents must be prescribed by the law.

The law requires public officials to provide the document on request in the possibly short period of time. If document contains parts that are restricted for public disclosure, the other parts should be disclosed. Public authorities must keep registers of all official documentation, and relevant indexes should be publicly available. 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 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.

Decision of public authorities to refuse the access to official documents could be appealed internally, in administrative courts and to the Supreme Administrative Court. Complains could be also made to Parliamentary Ombudsman.

Analysis provided by David Sandukhchyan, Director, Internews Armenia Center for Information Law and Policy, OSCE/ODIHR consultant.

Posted: February 2007

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