Case Summary
The case started with a journalist requesting, under the Freedom of Information Act, access to the source code of the algorithmic system that governs the provision of social benefits in the municipality of Trelleborg. The request was denied as the administration did not consider the source code to be an ” administrative document” and, therefore, did not fall under the Freedom of Information Act.
The administrative decision was appealed in this case to the Administrative Court of Appeal of Gothenburg. The Court argues that previous case law (RÅ 2004 ref. 74) has decided that source code may be considered an administrative document and, therefore, may be requested. The Court continues to debate if the provision could cause harm in the sense meant in Chapter 31, 16 § of the Secrecy Act (2009:400). The Court argues this is not the case, as the source code has only been licensed to the municipality. The provision of the source code would, therefore, not cause harm to the company’s commercial interests.
Access to the full judgment
Further notes on contested technology
- → Partly Automated-Decision
- → The technology is deployed
Author of the case note
