Date of Decision:4/8/2022
Decision Case Number:6003-2021
The Parliamentary Ombudsman directs criticism towards the eHealth Agency for not fulfilling its duties when issuing so-called vaccine certificates
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Summary
In June of 2021 the European Parliament and the Council adopted a provision regarding a framework for, among other things, the issuing of certificates regarding vaccination of Covid-19. The provision stipulates that member states, upon a request by an individual that require a vaccine certificate, will issue a certificate. In Sweden the eHealth Agency is responsible for the certificates.
Initially, the eHealth Agency prioritized a digital solution for issuing vaccination certificates, which presupposed that the individual held an e-ID and a Swedish social security number. There was also a possibility for individuals, without e-ID, to request a certificate through a certain manual process. However, the processing required that the individual, during an initial time period, needed a social security number and a population registration address in Sweden.
The Parliamentary Ombudsmen has previously emphasized that far from all individuals are accustomed to, or have confidence in, digital tools and services. Moreover, there are individuals that do not have the opportunity to use an e-ID. Authorities must be available to, and offer appropriate means of communication for, these individuals as well. This must be considered in particular for services that are of great importance to an individual.
The Chief Parliamentary Ombudsman states that the EU regulation entails an obligation for Sweden to issue vaccination certificates to individuals who have been vaccinated in Sweden. This obligation also covers individuals without a social security number or who do not have a population registration address. The eHealth Agency’s routine thus meant that a certain category of individuals was exempted from the possibility of requesting a certificate.
The Chief Parliamentary Ombudsman understands that the new processing has entailed certain difficulties and challenges for the eHealth Agency. However, the fact that some individuals, despite having met formal requirements, have not been able to obtain a vaccination certificate, is not acceptable, especially as vaccination certificates are intended to increase opportunities for free movement during the pandemic. The Chief Parliamentary Ombudsman is critical of the fact that the eHealth Agency has not fulfilled its obligations in this area.