The Swedish Public Employment Service is criticised for having requested an individual to identify themselves in order to get access to public documents and for not having provided the documents quickly enough
Date of article: 04/11/2024
Daily News of: 08/11/2024
Country: Sweden
Date of decision: 2024-09-23Decision case number: 3055-2023Decision maker: Ombudsman
Summary of the decision: An individual made a request to the Swedish Public Employment Service for access to certain public documents. While the disclosure request was being processed, the Swedish Public Employment Service informed the individual that, on the grounds of confidentiality, they needed to visit the agency’s office and identify themselves in order to then receive the documents there. No visit took place and the individual was informed instead that the documents would undergo a confidentiality assessment and be sent to her. However, they did not do so and the individual was advised that this was because the authority needed to ensure, among other things, that confidentiality rules had been followed. The Swedish Public Employment Service subsequently assessed that the documents were not subject to confidentiality and then sent them to the individual. By then, around three months had passed since the authority had received the individual’s request for disclosure.
The Parliamentary Ombudsman is critical of the Swedish Public Employment Service for providing different information about how and when the documents would be disclosed. According to the Parliamentary Ombudsman, the way the authority expressed itself meant the individual could get the impression she needed to go to the head office and identify herself in order to obtain the documents. How the matter was subsequently handled shows that there was no legal basis for such a requirement. The Swedish Public Employment Service is criticised for this and for not having disclosed the documents quickly enough.
In conclusion, the Parliamentary Ombudsman recalls that there is no legal basis for an authority to instruct an individual to make their request for the disclosure of a public document in a particular way, for example, that they must send it to a particular e-mail address or fill in a particular form.