LEANDER v. SWEDEN JUGDMENT
9
24. According to section 1, personnel control means the obtaining of
information from police registers in respect of persons holding or being
considered for appointment to posts of importance for national security.
25. Section 3 (as amended by Ordinance 1976:110) enumerates certain
authorities, including the Supreme Commander of the Armed Forces,
entitled to request a personnel control.
26. Section 4 specifies that a personnel control may only be carried out
with regard to certain posts of importance for national security. The posts
concerned are divided into two security classes (skyddsklasser), depending
upon whether or not they are of vital importance for national security. The
decision to classify a post in Security Class 1 is taken by the Government,
whereas the right to classify a post in Security Class 2 is normally delegated
to the authority in question.
27. According to section 6, requests for release of information for the
purposes of a personnel control are to be made to the National Police Board
and the request shall be made only with regard to the person whom it is
intended to appoint to the post.
28. Sections 8 and 9 deal with what information may be handed out to
the appointing authority.
If the post in question falls within Security Class 1, the National Police
Board may, under section 8, release all information on the person concerned
contained in the secret police-register or in any other police register. If the
post comes within Security Class 2, the Board may, by virtue of section 9
(as amended by Ordinance 1972:505), only supply a certain specific kind of
information on the person concerned, namely
"1. his conviction for, or his being suspected of having committed, crimes
mentioned in paragraph 1 of the Act of 21 March 1952 (no. 98) laying down special
provisions on investigation measures in certain criminal cases (lag med särskilda
bestämmelser om tvångsmedel i vissa brottmål) or mentioned in Chapter 13,
paragraphs 7 or 8, of the Penal Code" - mainly crimes against public peace, national
security or the Government - "or his conviction for, or his being suspected of, an
attempt, conspiracy or incitement to commit such crimes;
2. his conviction for, or his being suspected of having committed, such other acts as
constitute crimes against the security of the State, or which are intended and liable to
bring about the violent overthrow of the democratic government or to affect the
country’s position as an independent State; or his conviction for, or his being
suspected of, an attempt or conspiracy to commit such crimes;
3. his being suspected, on the basis of his activities or otherwise, of being ready to
participate in such acts as are mentioned in sub-paragraphs 1 and 2."
29. Section 11 provides that, when deciding whether or not to make
information from the register available, the National Police Board shall be
composed of the National Police Commissioner (rikspolischefen), the Head
of the Security Police and those members of the Board who have been
appointed by the Government; there are six such lay members - usually