Samtidens offentlighetsprincip : En undersökning kring allmänhetens rätt att tillgå allmänna handlingar i dagens samhälle, särskilt när det krävs större sök- eller andra arbetsinsatser från myndigheternas sida

Detta är en Kandidat-uppsats från Linnéuniversitetet/Institutionen för ekonomistyrning och logistik (ELO)

Sammanfattning: This study aims to put light into a problem that often is seen as a complexed, vaguely legislated “grey area” in the fundamental laws regarding access to official documents, mainly focusing on the technical and workforce related boundaries. Sweden is worldwide known for the democracy and openness. We have the freedom of information in terms of access, followed by the rights to write, publish and share our perspectives with the rest of the world. These rights have been protected in the deepest core of jurisdiction for decades. Although the law remains, society has evolved as technology has to some extent replaced traditional paperwork over the years and changed the way we exchanged, store and handle information. The Swedish government claim to be much aware of the changes that is needed to be done to keep our rights in the modern society, although the jurisdiction remains more than a few steps behind. There are exceptions where official information is to be unofficial. Some of these exceptions are not surprising, others are more. If we speak of sensitive information that could cause harm for the individual, it should be treated with care to protect us. What about information a government has access to, but it is stored it in a digital form, one we cannot read or see in its present state and therefore require a process involving a program they do not have at hand or takes time to access or “reform” the information to make it accessible. This have impact on whether the information is or is not official information for the public. Swedish institutions handle each request individually, routines of the process vary, along with the access, or lack of access to the needed technology and, or knowledge at hand, which less surprisingly leads us to a various result. This essay aims to clarify, nevertheless put light into the spots where it is needed for a deeper understanding of what is and is not official information. Sweden claimed and still claims, to be very fund of our fundamental regulations regarding openness and transparency. At the time we consider joining the European Union (EU) it was essential for the government to be certain of sustaining these right, this was done by a written request before signing a membership that these rights where to remain. As the result was positive from EU, we accepted the invitation to become a member state. Lately, we have shown to put “neutralisation”, as in adapting to the rest of the Union over openness, giving us more exceptions and therefore more secrecy. Openness is not as welcomed in the other member states and the regulations are here to support us to melt into the picture. The essay will therefore look into the international spectrum, mainly focusing on the effects of our membership and compare the general EU member states to Sweden.

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