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The Swedish Right to Freedom of Speech, EU Data Protection Law and the Question of Territoriality
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.ORCID iD: 0000-0001-7509-4804
2017 (English)In: Transparency in the future: Swedish openess 250 years / [ed] Anna-Sara Lind, Jane Reichel & Inger Österdahl, Tallin: Ragulka , 2017, 201-224 p.Chapter in book (Other academic)
Abstract [en]

Sweden and the EU have quite different traditions when it comes to freedom of the press, freedom of expression and transparency on the one hand, and the protection on privacy and data protection on the other. One way these differences manifest themselves is in the choice of territorial scope of the respective legal framework.  The two Swedish basic acts, the Freedom of the Press Act (FPA) and the Fundamental Law on Freedom of Expression (FLFE),have a rather strict national approach; they aim at protecting Swedish freedom of press, including the right to public documents, and freedom of expression within the borders of Sweden. For examples, according to the FPA, all limitations of the right to access to documents must be set out clearly in a Swedish law, the Public Access to Information and Secrecy Act. Any other interest that might deserve an exception from the right to access to documents held by Swedish authorities that is not listed in this act will therefore not be protected. The Swedish freedom of the press act can be contrasted to the EU data protection law,  which has a wide scope of application, which may even be described as extraterritorial.  EU data protection law also directs itself to processors outside the sphere of application of the specific EU acts, by only permitting transfer of personal data if one of the mechanisms in the acts are followed; under an adequacy decision of the Commission, with the availability of adequate safeguard, or, if none of the above, closely defined exceptions to the rules. From the Safe Harbor verdict of the Court of Justice of the European Union, and the aftermath of the EU-US privacy shield, it is clear that the EU has high demands on those wanting to process EU data in third countries.

In this chapter I will contrast the nationally ­based approach on regulating the Swedish FPA and FLFE to the far­reaching protection law, where the main goal seems to be the protection of EU personal data according to an EU standard wherever it is processed in the world. The question posed is how to understand the territorial restrictions of a legal order, and lawmakers wishes to protect the individuals within this territory.

Place, publisher, year, edition, pages
Tallin: Ragulka , 2017. 201-224 p.
Keyword [en]
Transperency, data protection, territoriality
National Category
Law (excluding Law and Society)
Research subject
Administrative Law
Identifiers
URN: urn:nbn:se:uu:diva-323940OAI: oai:DiVA.org:uu-323940DiVA: diva2:1107918
Available from: 2017-06-11 Created: 2017-06-11 Last updated: 2017-06-12Bibliographically approved

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