Legal right to anonymity when publishing information

Please note that the Whistleblower Act and the various reporting channels do not affect the protection afforded by the Swedish Constitution and other acts and ordinances, such as the right to report and publish information. So, in addition to the protection provided by the Whistleblower Act, as a central government employee you always have the right to procure and communicate information, the right to anonymity and the ban on inquiries, and the ban on reprisals.

The freedom to communicate information means that everyone is free to communicate information on any subject whatsoever, for the purpose of publication in print or any medium covered by the Fundamental Law on Freedom of Expression (SFS 1991:1469), without risk of prosecution, punishment or liability to pay damages. There are, however, some exceptions, such as when the disclosure of information involves certain serious crimes against national security (e.g. espionage), the unauthorised disclosure of a classified document or intentional disregard for a restricted secrecy provision.

The freedom to procure information means that everyone has the right to procure information on any subject whatsoever, for the purpose of publication in print or in order to communicate information pursuant to the Freedom of the Press Act (SFS 1949:105) or Fundamental Law on Freedom of Expression. Someone who procures information can however be punished if procurement involves a serious crime against national security or if it is procured by illegal means, such as theft or hacking.  

The right to anonymity means that someone communicating information to the media has the right to withhold their identity and that a person engaged in the production, publication or distribution of material may not disclose what has come to his or her knowledge in this connection concerning the identity of a person who has communicated information. The ban on inquiries means that a public authority or other public body may not inquire into the identity of a person who has communicated information if they have exercised their right to anonymity. In exceptional circumstances, exceptions may be made to the right to anonymity and ban on inquiries.

The ban on reprisals means that a public authority or other public body may not intervene against a person because they have exercised their rights under the Freedom of the Press Act or Fundamental Law on Freedom of Expression. The term reprisals refers to any measure that has negative consequences for the individual.