Statement on the Swedish Work Environment Authority’s processing of tip-offs from individuals and on certain statements on the disclosure of official documents to informants

Summary of the decision: Individuals can submit complaints to the Swedish Work Environment Authority concerning irregularities in the workplace. The Swedish Work Environment Authority does not automatically open a case when a tip-off is received, nor does it give any feedback to the individual concerning how the authority intends to proceed in response to the tip-off. The Parliamentary Ombudsman considers this procedure to be acceptable given that there are no provisions stating that the Swedish Work Environment Authority must act on reports or complaints from individuals, nor any expectation on the part of legislators that the authority shall process such reports and complaints. Nor does the Parliamentary Ombudsman believe that it is necessary from a legal-certainty perspective that individuals should be able to initiate a case with the Swedish Work Environment Authority by submitting a complaint or report.

In his decision, the Parliamentary Ombudsman also discusses the disclosure of official documents to informants. In certain cases, tip-offs are subject to absolute secrecy, meaning that secrecy applies regardless of whether it can be assumed that the individual may suffer harm or detriment if the information is disclosed. However, as a general rule, secrecy does not apply in relation to the individual themselves. The Parliamentary Ombudsman is therefore of the opinion that the Swedish Work Environment Authority’s information that the authority does not disclose information about tip-offs, and that when asked the authority will neither confirm nor deny that it has received a tip-off, appears to be somewhat categorical. According to the Parliamentary Ombudsman, there is reason to review this information.

The Parliamentary Ombudsman does not direct any criticism against the Swedish Work Environment Authority in his decision.