sekretessprövningen

Sekretessprövningen, which translates to "secrecy test" or "confidentiality examination" in English, is a crucial process within the Swedish legal system and public administration. It is a procedure undertaken to determine whether information, typically held by public authorities, can be disclosed to the public or to individuals who have requested it. This process is primarily governed by the principle of public access to official documents (Offentlighetsprincipen) enshrined in the Swedish Constitution.

When a request for information is made, a public authority must first conduct a sekretessprövning. This involves examining the requested document or information against specific provisions in the Public Access to Information and Secrecy Act (Offentlighets- och sekretesslagen). The act outlines various grounds for secrecy, such as national security, the prevention of crime, protection of personal data, commercial interests, or ongoing investigations.

If the information is deemed to fall under a provision of secrecy, the authority must refuse disclosure, in whole or in part. This refusal can often be appealed. Conversely, if no grounds for secrecy are found, the information must be disclosed. The sekretessprövning ensures a balance between the public's right to access information and the need to protect certain sensitive data that could cause harm if revealed. The thoroughness of this examination is vital for maintaining transparency while safeguarding legitimate interests.