LEANDER v. SWEDEN JUGDMENT
15
the spring of 1983. In the spring of 1980, special discussions took place
between the Committee and the parliamentarians on the Board. In the spring
of 1981, the Committee asked for, and received, a special report. In the
spring of 1982, the Committee held a hearing with the National Police
Commissioner and the Head of the Security Department.
According to the Government, the Principal Secretary to the Committee
has confirmed that the members of the Committee, during their visits, have
full access to the registers and that they have also examined the register kept
at the Security Department. The members have also discussed various
matters concerning the keeping of the register with the officials responsible
for making the entries and putting data before the Board when a personnel
control is carried out.
5. Principle of free access to public documents
41. Under section 2 of Chapter 2 of the Freedom of the Press Act
(tryckfrihetsförordningen), which is part of the Swedish Constitution,
everyone is entitled to have access to a public document unless, within
defined areas, such access is limited by law.
At the relevant time, the main provisions concerning these limitations
were found in the Act on Restrictions on the Right of Access to Public
Documents (lag om inskränkningar i rätten att utbekomma allmänna
handlingar 1937:249, "the 1937 Act"), which was in force until 1 January
1981.
Under section 11 of the 1937 Act (as amended), "details of information
entered on such registers as are mentioned in the Act on the General
Criminal Register (lag om allmänt kriminalregister 1963:197) or in the
Police Register Act (lag om polisregister m.m. 1965:94) may not be handed
out in any other cases or manner than those provided for in those Acts".
According to section 3 of the Police Register Act (as amended by Act
1977:1032, in force until 1 March 1985):
"Extracts from or information on the contents of police registers shall be given upon
request from
1. the Chancellor of Justice, the Parliamentary Ombudsmen, the National Police
Board, the Central Immigration Authority, County Administrative Boards, county
administrative courts, Chiefs of Police or public prosecutors;
2. other authorities, if and to the extent that the Government, for certain types of
cases or in a specific case, have given the necessary authorisation;
3. an individual, if he needs the extract in order to secure his rights in a foreign
country, in order to enter a foreign country or in order to take up residence or domicile
or to work there, or in order to have decided questions of employment or contracts
related to activities concerned with health-care or with matters of importance from a
national security point of view, and the Government by way of special ordinance have
authorised that extracts or information be given for such purposes, or, in other cases, if