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Sweden: Supreme Administrative Court publishes decisions on access to deleted emails

On January 15, 2024, the Swedish Supreme Administrative Court issued judgments in cases No. 414423-23, No. 4148-23, and No. 4332-23, addressing the right of access to deleted emails. In these cases, the claimants sought access to a specific deleted email identified by the Administrative Court of Appeal in Gothenburg. This email, received from another authority, was deemed recoverable through the email system's 'Recover Deleted Items' function. However, the Administrative Court of Appeal denied the request, emphasizing that the document in question did not exist in the regular information processing system of the authority. Instead, it existed solely as a backup copy and, consequently, was not considered a public record.

You can access the press release here and the cases here, here, and here, all only available in Swedish.

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