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Sweden: Bill on technical processing or storage introduced to Riksdag

Proposition 2022/23:97 for a breach of confidentiality in the case of disclosure for technical processing or technical storage of data was introduced, on 28 March 2023, to the Swedish Parliament ('Riksdag'). In particular, the proposal highlights the introduction of a new non-confidentiality provision that enables authorities to provide confidential information to an individual or another authority that is tasked with technically processing or technically storing the information on behalf of the providing authority. Further, the proposal outlines that currently, a prerequisite for being able to commission a private sector service provider or another authority to provide an IT operations service, is that there is legal support for the commissioning authority to release the data.

Nonetheless, the proposal clarifies that information must not be disclosed if it is inappropriate in the circumstances, noting that one way to ensure information is not disclosed inappropriately could be to exempt information worthy of special protection, and that a high degree of precession be necessary for disclosure. Likewise, the proposal provides that the duty of confidentiality when outsourcing technical processing or technical storage of data, takes precedence over the right to notify and publish data.

Notably, the proposal outlines that the provisions be introduced in the Publicity and Secrecy Act (2009:400).

Finally, the proposal stipulates the amendments would enter into force on 1 July 2023.

You can read the announcement here and the proposal here, both only available in Swedish.