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INFORMATION
Background
Sweden joined the European Union (EU) in 1995, and its accession was seen
by many as a positive step towards open government. Sweden has a two
hundred year old tradition of freedom of information legislation and it was
anticipated that this would be likely to spur Europe's institutions towards
greater openness. But many Swedes feared the opposite: that they might be
required to conform to Europe's more secretive culture. In Sweden's entry
agreement there was a special declaration pertaining to the principle of public
access. It is emphasised that the rules embodying the principle of public
access are fundamental for `Sweden's constitutional, political and cultural
heritage'.
Sweden was one of the earliest states in Europe to legislate for openness and
transparency in government. In the 18th century, after over 40 years of mixed
experiences with Parliamentarism, public access to government documents
was one of the main issues covered in the Freedom of the Press Act of 1766.
It is viewed as a positive step against corruption and a move towards equal
treatment of citizens by government and as increasing the perceived
legitimacy of (local and central) government and politicians.
There are detailed rules in the second chapter of the Freedom of the Press
Act that define a public document and set rules on access (§ 12), the right to
obtain a copy and the principle for deciding the fee for such copies (§ 13,
which stipulates that the guiding principle should be marginal cost). At the
moment the Freedom of the Press Act (or the principle of transparency) only
give the citizen a right to obtain copies of public documents in paper format. A
proposed amendment to the 13th paragraph would make it possible for certain
documents to be released to the citizen in digital formats.
Licensing
The main challenge for the Swedish Government at present is licensing, and
this is something which is being investigated. The Government recognises
that one licence will not be suitable in all cases and are exploring the
possibility of using example licence types for individuals to develop. The
Swedish Government have noted the benefits of the UK licence and are
considering the merits of designing a similar system for use in Sweden.
The Directive has not been formally implemented in Sweden because the
Government feels that Sweden is already at an advanced stage in relation to
freedom of information and re-use of information. Much of the Directive has
already been covered, although in a rather fragmented manner. The culture
is very much of use and re-use of information.