sekretessbehov

Sekretessbehov is a term used in Swedish public administration to describe the assessed necessity to protect certain information from disclosure. It refers to the justification for applying secrecy to specific data or documents, rather than a blanket rule that all information must remain secret.

The concept comes into play when public authorities handle requests for access to documents under the principle of public access to official records. The authority must determine whether disclosed information should be limited or withheld in whole or in part due to confidentiality needs. The result is typically stated as a secrecy decision supported by an explanation of the sekretessbehov and the legal provisions that justify the restriction.

In assessing sekretessbehov, several interests are weighed. These include protecting personal integrity and privacy, safeguarding trade secrets and commercially sensitive information, and preserving national security, public order, or ongoing investigations. The aim is to strike a balance between the presumption of openness and the legitimate requirements for secrecy.

The legal framework for sekretessbehov is primarily found in Sweden’s secrecy and public access laws, supplemented by sector-specific statutes. The assessment can be case-specific and time-bound, and some secrecy measures may be reviewed or revised as circumstances change or new information becomes available.

If a secrecy decision is challenged, it can be appealed to higher administrative authorities or courts. Courts review whether the secrecy justification meets legal standards and whether disclosure would cause unlawful harm or unnecessary damage to protected interests.