The right to access public information: a legal comparison between Sweden and the Netherlands

Honee, L.F.D.; Drahmann, A.

doi:doi:10.7590/187479824X17326230137627

In both Sweden and the Netherlands, citizens have the legal right to access public information held by their respective governments, yet significant differences in administrative culture regarding openness remain. This article aims to examine how that right is implemented in law. It compares the scope of the right, who makes decisions to keep information confidential, the grounds for those decisions and how those decisions are made. Two key differences between the Netherlands and Sweden are particularly noteworthy, as they relate to fundamental theoretical debates about publicity and secrecy in democracies. These differences also shape the broader legal framework governing the right to access public information. The first difference concerns the principle of legality, and the second involves the protection of confidential deliberations. By comparing how the executive function is organised in the Netherlands and Sweden, this article demonstrates how, both in practice and principle...Show moreIn both Sweden and the Netherlands, citizens have the legal right to access public information held by their respective governments, yet significant differences in administrative culture regarding openness remain. This article aims to examine how that right is implemented in law. It compares the scope of the right, who makes decisions to keep information confidential, the grounds for those decisions and how those decisions are made. Two key differences between the Netherlands and Sweden are particularly noteworthy, as they relate to fundamental theoretical debates about publicity and secrecy in democracies. These differences also shape the broader legal framework governing the right to access public information. The first difference concerns the principle of legality, and the second involves the protection of confidential deliberations. By comparing how the executive function is organised in the Netherlands and Sweden, this article demonstrates how, both in practice and principle, these two matters are closely tied to issues of responsibility and the division of public powers within the executive.
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The right to access public information: a legal comparison between Sweden and the Netherlands