The principle of public disclosure in practice: documents, confidentiality and delay

The principle of public disclosure is one of the strongest tools for auditing government agencies. Here is a practical review of public record, confidentiality, urgency of proceedings, delay and how to press forward an appeal decision.

The principle of openness is not a solemn phrase. It is a work tool. It allows citizens, journalists, lawyers, researchers, companies and whistleblowers to check what authorities actually do: what documents exist, what decisions have been made, what contacts have been made, what contracts have been written and what data is used against individuals.

For Motverket's audits, the principle of public disclosure is central. Without it, corruption, fraud, incorrect record-keeping, lack of procurement and legally unsafe government decisions will be much more difficult to detect. With it, you can request the documentation, view the timeline and compare the public declaration of the authority with the documents behind it

This article is a practical guide to the principle of disclosure, public record, confidentiality, public record requests and what to do when an authority delays or refuses to disclose.

Quick summary

• Everyone is allowed to request public documents. You do not normally have to be a Swedish citizen, party to the case or explain why
.
• The Authority shall investigate as a matter of urgency. Disclosure of public documents is not something that can be put last in the inbox without a concrete reason.
• The act must be general. It shall be kept with the authority and either received or drawn up
.
• Privacy is exception, not default mode. The Authority shall examine each document and disclose the parts which may be disclosed
.
• In case of no, you should request an appealable decision. A verbal or informal “no” is not enough if you want to get
the question tested.
• Delays must be documented. Save dates, times, recipients, reminders, and
government responses.

What is the principle of publicity?

The government describes the principle of public access as a fundamental part of Sweden's democratic system. It means, among other things, that the public and the mass media have the right to transparency in the activities of the state and municipalities. The most important practical part is the right to access public documents.

The legal essence is found in the Freedom of the Press Ordinance. Chapter 2 states that everyone has the right to access public documents, subject to the restrictions imposed by confidentiality rules. The restrictions are found above all in the Public Information and Secrecy Act.

What is a general act?

A document can be paper, email, text message, chat message, protocol, decision file, audio file, film, log, database record, image, map, contract, invoice or other information carrier. What matters is not the format but whether the information is an act within the meaning of the Freedom of the Press

For the act to be general, two things are normally required:

• It is stored with the authority. The authority has the document or can produce it with routine actions
.
• It is received or established. It has been submitted to the Authority, dispatched, dispatched, adjusted, completed or otherwise received final form in accordance with the rules
.

This means that many documents become public sooner than authorities sometimes suggest. An email from a supplier is normally received when it reaches the authority. A decision is normally drawn up once it has been dispatched. A protocol can become general once it is adjusted. An internal work draft, on the other hand, can often be just work material until it is completed or taken

What can you ask out?

You can ask for more than ready-made decisions. In reviews, the basis is often more important than the decision itself. Examples:

• diary lists and case lists,
• emails to and from case managers, managers, consultants and suppliers,
• decision documents, memos, service notes and memos taken care of,
• contracts, invoices, attestations, change orders and delivery checks,
• procurement documents: versions of requirements, questions and answers, tenders, evaluation, award decisions, declarations of ownership,
• registry logs, event reports and access history, where confidentiality verification may be required;
• communication with politicians, boards, companies and external advisors.

An effective request is broad enough to capture the material but concrete enough for the registrar to search. Rather write “all emails between [function/person] and [supplier] in the [date-date] period relating to [case]” than “all about corruption”

You don't normally have to say who you are

An authority may not normally require you to state your name or purpose just because you are requesting public documents. There are exceptions when the data is needed for the confidentiality test or for sending the material, but the basic rule is that the right does not depend on your identity

In practice, you may still need to provide an email address if you want digital copy. If you want to reduce the risk of unnecessary personalization, you can use a separate email address and formulate the request without personal reasoning. Stick to the documents, date, case and desired format

Confidentiality: what the authority is allowed to mask

Confidentiality does not mean that the whole case will be closed. The Authority shall examine whether the information is subject to confidentiality and whether the rest can be disclosed. Therefore, you should often request that the agency disclose the document with classified parts masked, instead

Confidentiality may apply, for example, to social services, healthcare, police matters, personal data, security, business and operating conditions, procurement before certain times and protection of individuals. But every privacy claim should have legal backing. Therefore, always ask for:

• the document or part that is denied;
• the section of the Act on Publicity and Confidentiality used;
• if the Authority has tried masked disclosure;
• a written decision if you want to appeal.

Urgency: how quickly should the authority disclose?

The Freedom of the Press Regulation states that public documents which may be disclosed shall be provided immediately or as soon as possible. The Act on Publicity and Confidentiality also contains rules on the handling of disclosure issues by authorities. This does not mean that every major request must be resolved in minutes, but it does mean that the authority should prioritize the issue and not delay without a factual reason

What is urgent depends on scope, privacy screening, search needs and workload. But common delay responses should not be accepted uncritically:

• “The manager is on vacation.”
• “We'll come back when we have time.”
• “There's a lot to do.”
• “You have to wait until the case is completely finished.”
• “We need to know why you want the documents.”

In some cases, there are legitimate grounds for longer processing. But the authority should be able to explain what needs to be done: what schemes are being sought, which documents are being checked for confidentiality, what timetable applies and who

When the Authority Says No

The most common problem is not always a formal rejection. It is the informal rejection: “there is nothing”, “we will not disclose that”, “it is work material”, “it is subject to confidentiality” or “you may ask someone else about it”. If you settle there, you get no trial.

Therefore, request a written decision. Write briefly:

The written decision is key. Without a decision, it will be difficult to appeal and difficult to show exactly what the authority denied

Delay: how to create pressure without losing traceability

If the authority does not respond, you should remind matter-of-factly. Write the date of the first request and request notification of when the disclosure or decision will take place. If the answer is still not received, you can request that the question be submitted to the competent decision maker for a formal decision.

A good reminder:

In the event of repeated delays, JO notification may be relevant, in particular if the authority systematically delays disclosures, demands unnecessary information or refuses to take decisions.

Public procurement: the documents that reveal the law

principle of publicity is particularly important in public procurement. The award decision itself rarely tells the whole truth. In order to review disputes, corruption of friendships or tailored requirements, you often need to request materials before and after the formal procurement

• needs analysis, market dialogue and requirements versions,
• emails between clients, consultants and suppliers,
• health declarations and internal risk assessments;
• evaluation protocol and scoring,
• contracts, change orders, invoices and attestation logs,
• direct procurement with the same supplier before or after the contract.

It is often in the versions, emails and invoices that the pattern is visible: requirements that narrow, contacts that happen too soon, deliveries that go unchecked or costs that slip after assignment.

Template: request for public documents

Conclusion

principle of openness only works if it is applied methodically. Request concretely. Document delays. Do not accept general privacy claims. Request an appealable decision when documents are denied. And when you review corruption, malfeasance or abuse of authority: request not just the decision, but the whole

first response of the authority is not always the right answer. The principle of openness is built for the citizen to control power, not for power to determine how much transparency feels comfortable

Sources

• Riksdag: The Freedom of the Press Ordinance (1949:105)
• Riksdag: Publicity and Secrecy Act (2009:400)
• Government: The Principle of Publicity