Country

Sweden

Sweden

Name of law : The Freedom of the Press Act
First adopted : 1766
Last modified : 01 January 1970
RTI Rating last updated : 01 January 1970

Section Max ScoreScore
Right of Access 6 5
Scope 30 25
Requesting procedures 30 18
Exceptions 30 19
Appeals 30 22
Sanctions 8 4
Promotional measures 16 8
TOTAL 150 101

Right of Access

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1 The legal framework (including jurisprudence) recognises a fundamental right of access to information.Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.2 YES CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 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.\" The CONSTITUTION of Sweden is compounded by the Four Fundamental Laws. They contain the basic rules for political decision-making in Sweden.The four fundamental laws are the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The right of free access to official documents is contained in the Freedom of the Press Act. Link to the Freedom of the http:/Press Act: /www.riksdagen.se/en/How-the-Riksdag-works/Democracy/The-Constitution/The-Freedom-of-the-Press-Act/
2 The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.No=0, Partially=1, Yes=22 YES CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 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.\"
3 3.1 The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law
3.2 The legal framework emphasises the benefits of the right to information?
3.1(Y/N - max 1 point)
3.2 (Y/N - max 1 point)
2 Partially CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 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.\" Limited benefits and no explicit interpretive guarantee, although this may to some extent be implicit in the fact that the law has constitutional status.




Scope

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4 Everyone (including non-citizens and legal entities) has the right to file requests for information.Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. 2 YES CONSTITUTION OF SWEDEN. The Freedom of the Press Act. Chapter 2. (On the public nature of official documents). Article 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.\" Article 12: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended.[...].\"
5 The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.4 Partially Chapter 2, Article 3, Article 9, 10 and 11(for internal documents ). Main definition is: Art. 3. Document is understood to mean any written or pictorial matter or recording which may be read, listened to, or otherwise comprehended only using technical aids. A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority. Not every document, just official documents and some internal documents (it can´t be assured if all) are included under the scope of the act. Memorandums, Preliminary outlines or drafts of decisions or written communications, etc. are included in the scope, but not to the extent they don´t add information to the case (1 point loss).
6 Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).Score 1 point for only documents, 1 point for information2 Partially Art. 12: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy. A public authority is under no obligation to make a document available at the place where it is held, if this presents serious difficulty. Nor is there any such obligation in respect of a recording under Article 3, paragraph one, if the applicant can have access to the recording at a public authority in the vicinity, without serious inconvenience.\"
7 The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and adminsitration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).8 YES Chapter 2, Article 3: \"<...> A document is official if it is held by a public authority, and if it can be deemed under Article 6 or 7 to have been received or drawn up by such an authority.<...>\" Also Chapter 2, Article 5. \"For the purposes of this Chapter, the Riksdag and any local government assembly with decision-making powers is equated with a public authority.\" All the authorities seems to be included under the scope, but the law refers only to the official documents not the bodies. There is no provision that specifies which body is included or not. (I have reduced half of points).
8 The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government4 YES Chapter 2, Article 5. \"For the purposes of this Chapter, the Riksdag and any local government assembly with decision-making powers is equated with a public authority.\" The \"Riksdag\" (Swedish parliament) is included under the scope.
9 The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government4 YES Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 4: \"A single body shall, for the purposes of this Act, be treated as a public authority when it deals with such public documents held by it under the Act\". Article 5. All judicial bodies and agencies are covered by RTI including access to finalised police investigations.
10 The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). Score 1 point if some, 2 points if all2 Partially Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 3: \"The provisions of Freedom of the Press on the right of access to public documents of the authorities shall apply mutatis mutandis to documents of the corporation, partnership, economic associations and foundations where municipalities or county councils exercise judicial control. Such societies, associations and foundations are , for the purposes of this Act, equated with public authorities.\" It only covers companies owned by municipalities and county councils.
11 The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). Score 1 point if some bodies, 2 points if all2 YES Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 4 and 5. Article provides:\"A single body shall, for the purposes of this Act, be treated as a public authority when it deals with such public documents held by it under the Act\"
12 The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. 1 point for public functions, 1 point for public funding 2 NO Sweden Publicity and Privacy Law (OSL), Chapter 2, Article 3: \"...Local governments shall be deemed to exercise judicial control if they alone or together: owns shares in a corporation or shares of an economic association with more than half of all votes in the company or association or any other ways available to as many votes in the company or association...\" No mention about private bodies that performs public functions (1 point loss). The text cited is about State corporations (Indicator 10), not this Indicator. The Law also does not cover publicly funded bodies.

Requesting Procedures

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13 Requesters are not required to provide reasons for their requests.Y/N answer 0 or 2 points2 YES Chapter 2, Article 14, Paragraph 3 of the Freedom of Press Act: \"No public authority is permitted to inquire into a person’s identity on account of a request to examine an official document, or inquire into the purpose of his or her request, except insofar as such inquiry is necessary to enable the authority to judge whether there is any obstacle to release of the document.\"
14 Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.2 YES Chapter 2, Article 14, Section 3: \"No public authority is permitted to inquire into a person’s identity on account of a request to examine an official document, or inquire into the purpose of his or her request, except insofar as such inquiry is necessary to enable the authority to judge whether there is any obstacle to release of the document.\"
15 There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. 2 YES Chapter 2, Article 12, Paragraph 1: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy.\"
16 Public officials are required provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. Score 1 point for help in formulation and 1 point for clarification procedures2 YES Swedish Administrative Procedure Act, Article 4. Article provides:\"Each authority shall provide information, guidance, advice and similar assistance to all persons concerning matters falling within the scope of its functions.\"
17     Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.Score Yes=2 point, No=02 YES Swedish Administrative Procedure Act, Article 4. Article provides:\"...The assistance shall be given to the extent that is deemed appropriate with regard to the nature of the matter, the person’s need of assistance and the activity of the authority.\"
18 Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working daysScore 1 point for receipt, 1 point for max 5 working days2 NO
19 Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.Score: 1 point for information not held, 1 for referrals or 2 for transfers2 Partially Swedish Administrative Procedure Act, Article 4, Paragraph 3. Article provides:\"If someone by mistake refers to the wrong authority the authority should set him right\".No mention about transfers (1 point loss).
20 Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).Score: 2 points for Yes, only 1 point if some limitations2 Partially Chapter 2, Article 12: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy. A public authority is under no obligation to make a document available at the place where it is held, if this presents serious difficulty. Nor is there any such obligation in respect of a recording under Article 3, paragraph one, if the applicant can have access to the recording at a public authority in the vicinity, without serious inconvenience.\" There is no right to access information in digital form, only on paper (transcript or copy).
21 Public authorities are required to respond to requests as soon as possible.Score: No=0, Yes=2 points 2 YES Chapter 2, Article 12, Paragraph 1: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy.\"
22 There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.2 Partially No clear deadline but some jurisprudence suggesting this.
23 There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.---2 Partially No clear deadline but some jurisprudence suggesting this.
24 It is free to file requests.Score: No=0, Yes=2 points2 YES Chapter 2, Article 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.\" Chapter 2, Article 12, Paragraph 1: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy.\"
25 There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and a certain initial number of pages (at least 20) are provided for free. Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional2 Partially Chapter 2, Article 13, Paragraph 1: \"A person who wishes to examine an official document is also entitled to obtain a transcript or copy of the document, or such part thereof as may be released, in return for a fixed fee. A public authority is however under no obligation to release material recorded for automatic data processing in any form other than a printout except insofar as follows from an actof law. Nor is a public authority under any obligation to provide copies of maps, drawings, pictures, or recordings under Article 3, paragraph one, other than in the manner indicated above, if this would present difficulty and the document can be made available at the place where it is held.\"
26   There are fee waivers for impecunious requesters ---2 NO Law is vague. Not specifically mentioned.
27 There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. Score: No=0, Yes=2 points2 NO Databases can be sold for reuse in Sweden under European PSI Directive rules.


Exceptions

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28 The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. 4 Partially It appears not because Article 2 states: \"Any restriction of the right of access to official documents shall be scrupulously specified in a provision of a special act of law, or, if this is deemed more appropriate in a particular case, in another act of law to which the special act refers.\"
29 The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. It is also permissible to refer requesters to information which is already publicly available, for example online or in published form.Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed10 YES Chapter 2, Article 2: \"The right of access to official documents may be restricted only if restriction is necessary with regard to: 1. the security of the Realm or its relations with another state or an international organisation; 2. the central fiscal, monetary or currency policy of the Realm;3. the inspection, control or other supervisory activities of a public authority; 4. the interests of preventing or prosecuting crime; 5. the economic interests of the public institutions; 6. the protection of the personal or economic circumstances of individuals; or 7. the preservation of animal or plant species. Any restriction of the right of access to official documents shall be scrupulously specified in a provision of a special act of law, or, if deemed more appropriate in a particular case, in another act of law to which the special act refers. With authority in such a provision, the Government may however issue more detailed provisions for its application in an ordinance. The provisions of paragraph two notwithstanding, the Riksdag or the Government may be authorised, in a regulation under paragraph two, to permit the release of a particular document, with regard to the circumstances.\"
30 A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. Score 4 points and then deduct 1 point for each exception which is not subject to the harm test 4 NO No specific harm test in the law.
31 There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.4 NO No specific public interest test in the law.
32 Information must be released as soon as an exception ceases to apply (for example, for after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.Score 1 point for each2 NO Law is vague. Not specifically mentioned.
33 Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.2 NO Not mentioned.
34 There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted2 YES Chapter 2, Article 12, Paragraph 1: \"An official document to which the public has access shall be made available on request forthwith, or as soon as possible, at the place where it is held, and free of charge, to any person wishing to examine it, in such form that it can be read, listened to, or otherwise comprehended. A document may also be copied, reproduced, or used for sound transmission. If a document cannot be made available without disclosure of such part of it as constitutes classified material, the rest of the document shall be made available to the applicant in the form of a transcript or copy.\"
35 When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.Score Y/N: 1 point for a and 1 point for b2 YES Sweden´s Administrative Procedure Act, Article 20; Article 21, Paragraph 2.


Appeals

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36 The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.2 Partially OSL 6:3 (the secrecy law) The secrecy law does provide for this but there is no timeframe.
37 Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). 1 for partial, 2 for yes2 YES The Act with Instructions for the Parliamentary Ombudsmen Article 5 \"Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary. The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out.\" The Ombudsman is an independent administrative oversight body.
38 The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so they are protected against arbitrary dismissal (procedurally/substantively) once appointed.Score: 1 point for appointment procedure, 1 point for security of tenure2 YES The Instrument of Government, Chapter 13, Article 6: \"The Riksdag elects one or more Parliamentary Ombudsmen …\" The Riksdag Act, Chapter 13, Article 3: \"The Parliamentary Ombudsmen and Deputy Ombudsmen are elected individually. When an Ombudsman is elected by secret ballot, the same procedure is applied as for the election of Speakers. A Parliamentary Ombudsman is elected for the period from the date of his or her election, or a later date as determined by the Riksdag, until a new election has been held in the fourth year thereafter and the person then elected has assumed office. The election shall never be valid beyond the end of that year. A Deputy Ombudsman is elected for a period of two years from the date of his or her election, or a later date determined by the Riksdag.\" Article 4: \"In response to a proposal from the Committee on the Constitution, the Riksdag may remove an Ombudsman or Deputy Ombudsman from office who has forfeited the confidence of the Riksdag.\"
39 The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.Score 1 point for reports to parliament, 1 point for budget approved by parliament2 YES The Riksdag Act, Chapter 13, Article 16: \"The Board for the Remuneration of the Parliamentary Ombudsmen and the Auditors General consists of a chair and two other members. These are elected individually by the Riksdag and serve until a new election for the Board has been held. No deputy members are appointed.\"Act with Instructions for the Parliamentary Ombudsmen, para. 12: \"In accordance with 13.2 of the Riksdag Act, the Chief Parliamentary Ombudsman is the administrative head and decides on the overall direction activities are to take. The Chief Parliamentary Ombudsman is accountable to the Riksdag for these operations and shall ensure that they are carried out efficiently and in compliance with the law in force, that they are accounted for in a reliable and equitable manner and also that the Parliamentary Ombudsmen use public funding economically. After consultation with the other Parliamentary Ombudsmen the Chief Parliamentary Ombudsman is to issue regulations in the form of administrative directives on the organisation of the Ombudsmen’s operations and the areas of responsibility for each one of them, adopt an operational plan and also decide on the annual report and propose an appropriation in the national budget for the Parliamentary Ombudsmen.
40 There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.Score 1 point for not politically connected, 1 point for professional expertise2 Partially No formal rules on this but in practice always observed.
41 The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.Score 1 point for reviewing classified documents, 1 point for inspection powers2 YES The Instrument of Government, Chapter 13, Article 6: \"An Ombudsman has the right to access the records and other documents of courts of law and administrative authorities.\" The Act with Instructions for the Parliamentary Ombudsmen, Article 5: \"Supervision is exercised by the Ombudsmen in reviewing complaints made by the public and through inspections and such other inquiries as the Ombudsmen may find necessary. The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out.\"
42 The decisions of the independent oversight body are binding. Score N=0, Y=2 points2 YES Not mentioned.
43 In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. 1 for partial, 2 for fully2 Partially The Act with Instructions for the Parliamentary Ombudsmen Article 5 \"Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary.<...>\" article 21 \"The Ombudsmen are to carry out the investigative measures required in appraising complaints and other cases.<...>\" It is not mentioned anything about the declassification of information.
44 Requesters have the right to lodge a judicial appeal.1 for partially, 2 for fully.2 Partially Chapter 2 Article 15 \"Should anyone other than the Riksdag or the Government reject a request to examine an official document, or release such a document with a proviso restricting the applicant’s right to disclose its contents or otherwise dispose over it, the applicant may appeal against the decision. An appeal against a decision by a minister shall be lodged with the Government, and an appeal against a decision by another authority shall be lodged with a court of law. The act of law referred to in Article 2 shall set out in greater detail how an appeal against a decision under paragraph one shall be lodged. Such an appeal shall always be examined promptly. Special provisions apply to the right to appeal against decisions by authorities under the Riksdag.\" An appeal against a decision issued by another authority than the Minister, shall be lodged with a court of law. According to this article, Riksdag and the Government seems to be out of the scope of the appeal. Given this one point dropped.
45 Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.1 for free, 1 for no lawyer required. 2 YES Not mentioned but appeals to the Ombudsman are free as a matter of internal policy and, since there is no requirement to have a lawyer, legally you do not need one.
46 The grounds for appeal to the oversight body (where applicable, or to the judiciary if no such body exists) are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).Score 1 point for appealing refusals, additional points for appealing other violations.4 YES The Act with Instructions for the Parliamentary Ombudsmen Article 5 \"Supervision is exercised by the Ombudsmen in assessing complaints made by the public and by means of inspections and such other inquiries as the Ombudsmen may find necessary. The Ombudsmen are to consult the Chief Parliamentary Ombudsman on the inspections and other inquiries they intend to carry out.\" The administrative procedure act Section 22 \"A person whom the decision concerns may appeal against it, provided that the decision affects him adversely and is subject to appeal.\" Section 22a \"A decision can be appealed against to a general administrative court.<...>\"
47 Clear procedures, including timelines, are in place for dealing with external appeals (oversight/judicial).Score 1 point for clear procedures, 1 point for timelines. 2 YES The Act with Instructions for the Parliamentary Ombudsmen Complaints 17.\"Complaints should be made in writing. The written complaint should indicate which authority the complaint is made about, the action which the complainant is referring to, the date of the action, together with the name and address of the complainant. If the complainant possesses a document which is of significance in dealing with and assessing the case, this should be appended. A person who has been deprived of his liberty may write to the Ombudsmen, without being prevented by the restrictions on sending letters and other documents which may apply to him. At the complainant’s request, confirmation is to be issued by the secretariat of receipt of the complaint.\" Article 20. \"The Ombudsmen should not initiate inquiries into circumstances which date back two or more years, unless there are exceptional grounds for doing so.\" The administrative procedure act Section 23 \"An appeal against a decision shall be made in writing. In his letter the appellant shall indicate which decision he is appealing against and the alteration to the decision that he desires. The letter of appeal shall be delivered to the authority that made the decision. It must be delivered to the authority within three weeks from the date when the appellant was notified of the decision. <...>\" To appeal against to general administrative court the timeline is 3 weeks. To Ombudsman - not longer than two years.
48 In the appeal process (oversight/judicial/) the government bears the burden of demonstrating that it did not operate in breach of the rules.Score Y/N and award 2 points for yes. 2 YES Experts say - according to the rules of Ombudsman - the government bears the burden of demonstrating.
49 The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better record management)1 for partial, 2 for fully. 2 NO Not mentioned.


Sanctions & Proteccions

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50 Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.Score 1 point for sanctions for underming right, 1 point for destruction of documents 2 YES Article 6 \"<...> If proceedings can be taken by means of disciplinary measures against an official who, in disregarding the obligations of his office or his commission, has committed an error, the Ombudsmen may report the matter to those empowered to decide on such measures. <...> Should the Ombudsmen consider it necessary that the official be dismissed or temporarily deprived of his office because of criminal acts or gross or repeated misconduct, the Ombudsman may report the matter to those empowered to decide on such a measure. When an Ombudsman has made a report of the kind referred to in the two preceding paragraphs, he is to be given the opportunity to supplement his own inquiry into the case, and to submit an opinion on any inquiry into the case carried out by some other person, as well as the right to be present if oral questioning occurs. This is not to apply, however, if the case concerns temporary deprival of office. Act (1998:540)\"
51 There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).Score 1 point for either remedial action or sanctions, 2 points for both 2 NO Not mentioned.This question refers to an inernal system of imposing sanctions and not to judicial way.
52 The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.Score 1 for oversight body, 1 for immunity for others2 NO Not mentioned.
53 There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).Score 2 for strong protections, 1 for moderate protections2 YES Act on Special Protection Against Victimisation of Workers Who are Sounding the Alarm About Serious Wrongdoings (also known as \'the Whistleblowing Act\') came into force on 1 Jan. 2017.


Promotional measures

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Comments
54 Public authorities are required to appoint dedicated officials (information officers) or units with a responsibility for ensuring that they comply with their information disclosure obligations.Score Y/N, Y=2 points2 NO Not specifically mentioned.
55 A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. Score Y/N, Y=2 points2 NO Not mentioned.
56 Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. Score Y/N, Y=2 points2 NO Not mentioned.
57 A system is in place whereby minimum standards regarding the management of records are set and applied. Score Y/N, Y=2 points2 YES Chapter 2, Article 18: \"Basic rules concerning the storage of official documents, weeding and other disposal of such documents are laid down in law.\"
58 Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. Score Y/N, Y=2 points2 YES The Administrative Procedure Act \"Recording of information Section 15 Information that an authority obtains otherwise than from a document and that may be of importance for the outcome of the matter shall be recorded by the authority, if the matter concerns an exercise of public power in relation to someone.\"
59 Training programs for officials are required Score Y/N, Y=2 points2 YES The expert claims that there is a training programe in Sweden, but not mentioned in the law. But all new public servants must go through an induction.
60 Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. Score Y/N, Y=2 points2 YES The Act with Instructions for the Parliamentary Ombudsmen Article 25 \"When the annual report is submitted to the Riksdag, journals, written records and registers covering the same period are to be presented at the same time to the Committee on the Constitution.\"
61 A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. Score Y/N, Y=2 points2 NO Not mentioned.