Sweden: reforms blocked
01 September 1993
The Swedish system of positive vetting (the Personnel Control Ordinance, SFS, 1969:443) has been the subject of strong criticism because of its extensive application, the fact that there is no right of appeal and no right to be informed what information officials pass on (see Statewatch March-April 1993). Three major officials reports have unanimously backed these criticisms, the latest of which prepared by a parliamentary committee consisting of leading representatives of all the major parties was presented in 1990 (SOU 1990:51). When questioned in parliament in March the conservative Minister of Justice, Gun Hellsvik, said that the reason for failing to act on the recommendations was because there had been disagreement on the parliamentary committee on major questions. However, Lars-Erik Lovden, the Social-Democrat leader of the committee, stated in October that: "The committee was completely in agreement on suggestions about reforming the personnel control system. There were no doubts or reservations what-so-ever from any members of the committee" (letter to Tollberg, 10.10.93).
On 24 June the Minister of Justice announced that all the reports had to be discarded in the light of: "the system for positive vetting in most of the members of the EC... the conditions [for the Swedish system of positive vetting] have changed since the committee gave its suggestions, among other things because of the Swedish application of membership in the EC". The Chief of the security police, Mats Borjesson, was told to bring the Swedish system of positive vetting in line with other EC states, which means increasing the number of checks.
On 1 October the personnel control ordinance was amended to give citizens subject to positive vetting the right to be informed about what information is handed out (SFS 1993:984, 13). However, the information will only be handed over if it does not endanger any other, more important, interests of security. A similar right of access to information was in force between 1969 and 1983 but was shown in the Leander case (European Court of Human Rights 1987) to have been consistently ignored by the security police. The response of the Minister of Justice to parliamentary questioning has indicated that no further changes to limit the powers of the security police are likely to be brought forward.
Riksdagsprotokollet 1992/93:85 30.3.93 . p21; Press release Department of Justice 24.6.93; Kommittdirektiv 1993:81).