Sweden: Issued ruling in lawsuit concerning certificates of issue under Freedom Press Ordinance precedence over GDPR (Case 6027-23)

On 13 March 2024, the Court of Appeal in Stockholm issued a ruling (Case 6027-23) on the applicability of the EU Data Protection Regulation (GDPR) in relation to the Swedish constitutional protection under the Basic Law on Freedom of Expression over certificates of issue. The Court rejected a company's request for personal data from the Swedish Prosecution Authority for journalistic activities, emphasising that the Swedish exemption for journalistic activities under the GDPR does not apply unconditionally. This Court emphasises the necessity to balance the protection of privacy with the rights of holders of voluntary publication licenses, giving priority to the rights of the data subjects, especially when the data relates to offences and could have a significant impact on the private or professional life of individuals.