Comparative Privacy and Defamation
Edited by András Koltay and Paul Wragg
Chapter 7: What is it the public has a right to know? The right to privacy for public officials and the right of access to official documents – European and Swedish perspectives
Jane Reichel
Abstract
When a person acts as an official in the public domain, the person is generally viewed differently than a person acting in the private domain. An official does not act in a private capacity, but as a spokesperson or a tool for the public organ. How does the official as a person fit into this picture? The question asked in this chapter is what the public has a right to know in relation to official documents containing personal data of an official. While transparency can shed light on the internal functioning of a public organ, enabling a control that matters are handled correctly, objectively and impartially, public documents may also include private information on public officials. A comparison is made on how the European Convention on Human Rights, EU law and Swedish law balance the right to privacy of officials with the right to access of official documents.
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