The policy of the law, etc.
§ 1 the aim of this law is to promote the development of a
information market by facilitating individuals '
use of documents provided by the authorities.
The law is intended to prevent the authorities decide if such
conditions for the re-use of documents that restrict
competition.
Provisions relating to the provision of documents are available in other
Constitution. Law (2015:289).
The scope of the law
section 2 of the Act apply to the re-use of such documents
provided by State and municipal authorities.
The law also applies to the re-use of such documents
provided by the bodies listed in the annex to
public access to information and secrecy (2009:400), if the file
related to the activities referred to therein, and such documents
provided by the Corporation, partnership, economic
associations and foundations in which municipalities or county councils exercise
a judicial control. These bodies shall at
the application of this law should be equated with the authorities.
Law (2015:289).
section 3 of this Act do not apply to documents
1. may not be provided,
2. provided in a competitive
activities,
3. an authority provides another authority, except when
It is apparent that the documents will be used in competitive
activities,
4. available in other educational or research institutions
than the University Library,
5. available in other cultural institutions than archive, library
and museums,
6. does the computer program, or
7. third parties hold rights to under the Act (1960:729) om
Copyright in literary and artistic works.
Law (2015:289).
section 4 of the Act does not affect the exercise of such exclusive rights
to the provisions of the Patents Act (1967:837), design protection act
(1970:485), trade names Act (1974:156), the Act (1992:1685) on the protection
of topographies of semi-conductor products,
växtförädlarrätts Act (1997:306) or trademark law
(2010:1877). Law (2015:289).
Allowed re-use
§ 5 the re-use is allowed for documents
provided by the authorities, with the limitations of a
authority is obliged to decide whether or which otherwise follows the
of the Constitution. Law (2015:289).
Definitions
section 6, for the purposes of this law
documents: such acts as described in Chapter 2. paragraph 3 of the first
the first sentence of freedom of the Press Act,
Re-use ' means the use of documents for other purposes
other than the initial purpose for which the documents processed
by an authority. Law (2015:289).
Fees
section 7 If an authority may levy charges for re-use
of documents, fees may not exceed the cost of
to reproduce, make available and disseminate documents, if
subject to the second or third paragraph.
If an authority is obliged to make a charge at the
Re-use of documents, to cover a substantial
part of the cost of an activity, the overall
revenue does not exceed the cost of collection,
producing, reproducing and disseminating documents, together with a
reasonable return on investment.
Such archives, libraries and museums may levy fees at
Re-use of documents, to apply the provision in
second subparagraph, regardless of demands for cost recovery. Law (2015:289).
Other terms and conditions
section 8 conditions for re-use should be relevant and non-
discriminatory for comparable categories of
Re-use. The conditions shall not unnecessarily restrict
possibilities for re-use.
section 9 If an authority who reuse documents in its
competitive business, the same charges and other
conditions for the provision of the documents applied for
This activity as any other re-user
documents. Law (2015:289).
section 10 subject to the provisions of the second subparagraph, an authority
not grant an exclusive right to re-use
documents, except when it is necessary to provide the
a service of general interest. Such an exclusive right shall
be granted for a maximum period of three years at a time.
In addition to what follows from the first subparagraph, archives, library
and museums grant an exclusive right in the digitalization of
cultural resources. If the exclusive right is more than ten years,
It shall be reviewed during the eleventh year and thereafter every
seventh year.
Later when the exclusive right referred to in the second subparagraph has been
out to the granted right, provide it with a free
copy of the digitized cultural resources with a right to
freely use and distribute the material.
If an authority grants such exclusive right referred to in
the first and second subparagraphs, it shall publish the information
about this. Law (2015:289).
Information on conditions
section 11 of an authority shall inform about charges, including
basis, and other conditions for re-use.
A public authority shall publish a list of the types of
documents that usually can be provided electronically to
reclamation and associated information.
The information referred to in the first and second subparagraphs shall be
be submitted electronically and free of charge. Law (2015:289).
The processing of a request for re-use
12 § When a body referred to in paragraph 2 shall be assimilated
authority is dealing with a case concerning the re-use of
the documents provided by the Agency, the following
provisions of the Administrative Procedure Act (1986:223) are applied:
(5) section about individual contact opportunities,
– paragraphs 11 and 12 of his disqualification,
– paragraph 14 of a party's right to communicate
orally,
– section 15 if the annotation of data;
– paragraphs 16 and 17 if a party's right to receive information,
– paragraph 21 on notification of decisions,
-22 and 23-25 sections on appeal,
to 26 § correcting typos and the like,
– paragraphs 27 and 28 for reconsideration of the decision, and
to 30 of about the appeal of the rejection decision.
Law (2015:289).
section 13 a request for re-use of documents shall
be dealt with expeditiously.
Decision on the re-use
section 14 of The Authority shall, on request, provide a written decision,
If re-use has been accompanied by conditions or if a
requests for re-use is refused. Such decisions shall
include the reasons which have determined the outcome of the case.
If the decision is based on a re-use should
infringe on third party rights under the Act (1960:729) om
Copyright in literary and artistic works,
authority in order to specify who is the beneficiary, if
He is known, or the licensor that the authority has
got the information from. Archives, libraries and museums need to
not, however, provide such information. Law (2015:289).
Appeal of decision
section 15 Decision by an authority other than the Government, the Supreme
Court, the Supreme Administrative Court or the parliamentary
Ombudsmen in a case under this Act may be appealed
in administrative law. Decision of an administrative law in a
case that has begun there, as well as the decision of a District Court or
a Court of appeal, be appealed in court. Decision of a
Chamber right in a case that has been launched where be appealed to
The Supreme Administrative Court.
Leave to appeal is required for an appeal to the administrative court.
However, this does not apply in respect of matters which have been initiated in
an administrative law, District Court or Court of appeal. Law (2010:1494).
section 16 If a decision of such a body, which according to paragraph 2 of the other
the paragraph is equated with authority be appealed, shall be
the individual's counterpart since the file has
submitted to the Court.