Privacy Rights/History/Country sources/Sweden: Difference between revisions

From
Jump to navigation Jump to search
(transformed)
 
No edit summary
 
(One intermediate revision by one other user not shown)
Line 4: Line 4:
|question=Country sources
|question=Country sources
|questionHeading=What is the oldest written source in this country that mentions this right?
|questionHeading=What is the oldest written source in this country that mentions this right?
|breakout=Sweden
|pageLevel=Breakout
|pageLevel=Breakout
|breakout=Sweden
|contents=When the Swedish Kingdom created their constitution, it contains very few reference to the rights of Swedish citizens. It states, “Sweden shall be governed by a king and shall be a hereditary monarchy with the order of succession established by the law of succession.” (Constitution of Sweden, 1809). Sweden’s Constitution today contains multiple separate documents that outline different areas of government. In Chapter 2, Article 6 of the Instrument of Government, it establishes protections against unwarranted searches or the body, house, and communications. It also states “In addition to what is laid down in paragraph one, everyone shall be protected in his or her relations with the public institutions against significant invasions of personal privacy, if these occur without his or her consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.” (Instrument of Government, 1974). Also included in Sweden’s fundamental laws is the Fundamental Law on Freedom of Expression. This documents outlines the freedom of expression rights in Sweden and includes privacy considerations in Article 20. It bans the publication of personal data which reveals personal information like ethnicity, skin color, political opinions, religious views, memberships, health, sex life, sexual orientation, genetic data, and biometric data (Fundamental Law on Freedom of Expression, 1991). These provisions apply if “1. the personal data are included in a data collection that has been arranged in such a way that it is possible to search for or compile the data; and 2. with regard to the nature of the activities and the forms under which the data collection is made available, there is a particular risk of improper violation of the individuals personal privacy.(Fundamental Law on Freedom of Expression). This law also grants the right of anonymity in expression, unless it involves liability/damages due to publication. Sweden is a member of the EU and thus follows the GDPR.
|contents=Constitutionally, privacy rights were introduced with the [[Probable year::1974]]  Swedish Constitution. Articles 2 and 6 present the right to privacy, while Article 20 allows the provisions in Article 6 to have some limitations (Constitute Project, “Sweden’s Constitution of [[Probable year::1974]]  with Amendments through [[Probable year::2012]]” ). Sweden was also the first to introduce data privacy rights with the Data Act in [[Probable year::1973]]  (GDPRHub, “Data Protection in Sweden”).
 
 
References:


https://www.constituteproject.org/constitution/Sweden_[[Probable year::2012]]. pdf?lang=en
Fundamental Law on Freedom of Expression. “Chapter 1: Freedom of Expression According to This Fundamental Law.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzse0090&id=1&collection=cow&index=.
https://gdprhub.eu/Data_Protection_in_Sweden


General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.


Instrument of Government. “Chapter 2: Fundamental Rights and Freedoms.” HeinOnline, 1974. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzse0092&id=3&men_tab=srchresults
}}
}}

Latest revision as of 15:00, 1 August 2024

What is the oldest written source in this country that mentions this right?

Sweden

When the Swedish Kingdom created their constitution, it contains very few reference to the rights of Swedish citizens. It states, “Sweden shall be governed by a king and shall be a hereditary monarchy with the order of succession established by the law of succession.” (Constitution of Sweden, 1809). Sweden’s Constitution today contains multiple separate documents that outline different areas of government. In Chapter 2, Article 6 of the Instrument of Government, it establishes protections against unwarranted searches or the body, house, and communications. It also states “In addition to what is laid down in paragraph one, everyone shall be protected in his or her relations with the public institutions against significant invasions of personal privacy, if these occur without his or her consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.” (Instrument of Government, 1974). Also included in Sweden’s fundamental laws is the Fundamental Law on Freedom of Expression. This documents outlines the freedom of expression rights in Sweden and includes privacy considerations in Article 20. It bans the publication of personal data which reveals personal information like ethnicity, skin color, political opinions, religious views, memberships, health, sex life, sexual orientation, genetic data, and biometric data (Fundamental Law on Freedom of Expression, 1991). These provisions apply if “1. the personal data are included in a data collection that has been arranged in such a way that it is possible to search for or compile the data; and 2. with regard to the nature of the activities and the forms under which the data collection is made available, there is a particular risk of improper violation of the individuals personal privacy.” (Fundamental Law on Freedom of Expression). This law also grants the right of anonymity in expression, unless it involves liability/damages due to publication. Sweden is a member of the EU and thus follows the GDPR.


References:

Fundamental Law on Freedom of Expression. “Chapter 1: Freedom of Expression According to This Fundamental Law.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzse0090&id=1&collection=cow&index=.

General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/.

Instrument of Government. “Chapter 2: Fundamental Rights and Freedoms.” HeinOnline, 1974. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzse0092&id=3&men_tab=srchresults