07 August, 2025
In this article, we look at what the Supreme Court's decision means for the future of the principle of public access to information in Sweden, how this affects access to legal information and what legal and cultural changes we can expect in the future. We also highlight how DISA is working to adapt its background check services, with a particular focus on criminal records, to continue to provide effective and legal solutions to employers, HR and recruiters.
HD decision - what is it all about?
On 25 February 2025, the Supreme Court ruled that it is illegal to publish judgments from the Swedish legal system in a way that allows individuals to be identified through name searches. The decision affects not only legal databases such as Lexbase and Verifiera, but also journalistic platforms such as Acta Publica – one of DISA's partners in background checks.
The background is a conflict between the principle of openness and data protection legislation (GDPR), where the Supreme Court chose to protect the privacy of the individual over transparency. This has provoked strong reactions in the media, the judiciary and the business community. Read our previous analysis here.
What does this mean for the principle of openness?
The principle of public access is enshrined in both the Freedom of the Press Act and the Instrument of Government, and means that the public has the right to access public documents, including judgements. The Supreme Court's decision does not change this fundamental right but limits how information can be disseminated digitally. This creates a gap between what is theoretically available and what can be accessed in practice by citizens, journalists and businesses.
Several stakeholders, including Professor Gunnar Axén, publisher of the legal databases Lexbase and Verifiera, have expressed concern about the Supreme Court's decision: "This is the biggest restriction of freedom of the press and freedom of expression and the principle of public access in modern times." (Source in Swedish: Barometern).
How does it affect employers and HR?
For employers and HR professionals who use background checks as part of their recruitment processes, the new legal situation may create uncertainty. It concerns access to information on previous convictions or court cases - something that could previously be retrieved automatically from legal databases.
DISA has adapted its processes to continue to provide reliable background checks, without compromising legal certainty or current legislation.
Our solutions: How DISA adapts
Despite the changes, there are ways forward. At DISA, we have identified two main solutions to continue offering accurate and legal background checks:
We are now increasingly requesting judgements directly from the respective courts. This is a more time-consuming process, but fully possible under current legislation and still anchored in the principle of public access to official records. For the customer, this means longer processing time - but still the same accuracy and legal certainty.
Another option is for legal databases to be transformed into journalistic organisations, which would be protected under the Basic Freedom of Expression Act. Publication of judgements could then take place within the framework of journalistic activities, opening new opportunities for information gathering. However, this path is legally complex and subject to further examination.
What happens now – and what does it mean for the future?
The principle of openness is likely to face more challenges as privacy legislation tightens and digitalization continues. But there is also room for political and legal developments. The Ombudsman, several journalists' associations and digital rights organizations have already highlighted the need to review the balance between transparency and privacy in the digital age.
At DISA, we believe that change creates opportunities. We will continue to develop our methods and tools to meet the demands of the future - with a focus on transparency, legal certainty and customer benefit.
Whatever the future holds for the principle of public access, we at DISA stand ready to adapt. For example, by manually requesting judgements from courts or partnering with journalistically protected entities, we can continue to offer background checks that meet both legal requirements and our customers' needs. With services such as criminal record checks, we help employers make confident and informed decisions - with legal certainty.