6
LEANDER v. SWEDEN JUGDMENT
"The entering of information in the register of the Board’s Security Department is
based mainly on a 1973 Royal Decree which is secret. Before information is entered,
the question of registration is subject to assessment, at several levels, by civil servants
under responsibility to verify compliance with the above-mentioned rules in relation to
each item of information. In the event of doubt, the question of registration is decided
upon by the Chief of the Security Department.
Information from the register is handed out in accordance with section 9 of the
Personnel Control Ordinance after decision by the National Police Board in plenary
meeting. At least three of the six members of the Board who are appointed amongst
parliamentarians should be present when decisions are taken in matters of personnel
control. In the case of the applicant, all six members were present.
...
Under section 13 of the Personnel Control Ordinance, the person whom the
information concerns ought to be given the opportunity to submit observations on the
matter if special reasons give cause for this. However, the National Police Board did
not see any cause to apply this provision in the case of the applicant as no special
reasons were found, and also as the registering had been effected in accordance with
the secret Royal Decree and disclosure of the information would have revealed part of
the contents of that Decree."
Mr. Leander replied to this opinion in a letter of 11 March 1980 to the
Government, in which he argued, inter alia, that the Board should have
communicated to him, at least orally and subject to a duty of confidentiality,
the information kept on him.
16. By decision of 14 May 1980, the Government rejected the whole of
the applicant’s complaint. In its operative parts, the decision read:
"The question whether or not a person is suitable for certain employment can only
be examined by the Government in the context of a complaint about the appointment
to a post. Leander has lodged no appeal with the Government in respect of
appointment. His request that the Government should declare him acceptable for the
provisional employment concerned cannot therefore be examined.
In the present case, there are no such special circumstances as are mentioned in
section 13 of the Personnel Control Ordinance which would give Leander the right to
be acquainted with the information about him released by the National Police Board to
the Supreme Commander of the Armed Forces.
The remainder of Leander’s petition is a request to be given an extract from, or
information about the contents of, a police register.
The Government reject [this] request ...
The Government do not examine Leander’s request for a revised assessment of his
person and take no measure in regard to any other part of his petition."
17. The applicant maintained before the Court that he still did not know
the content of the secret information recorded on him.