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Answer from Sweden to questionnaire with a view of the preparation of Opinion no. 14
(Carl Gustav Fernlund, President, Administrative Court of Appeal in Göteborg)

Question 1

Question 2
a-b)N/A
c) The courts generally use traditional means (post or fax) to communicate with all parties. However general questions (not concerning a particular case) sent to the court by e-mail are generally responded to by e-mail, as are requests for judgments. E-mail received by the court is printed and kept in paper version but usually not in an electronic version.
d) No.
e) Yes, e.g. every judgment is saved as a pdf-file. And all documents drawn up by the courts are saved electronically. There is always a paper file as well. The paper file is considered the authentic file.
f) Yes, there are several laws and decrees.
g) -
h) Yes. E.g. you are not allowed to search for sensitive information, and preferably sensitive information shouldn’t be kept electronically. When you listen to recordings made in camera (i.e. when the hearings weren’t public) you are logged. The computer system can handle secret addresses or personal data. The Secrecy Act (Offentlighets- och sekretesslagen (2009:400)) is applicable also to electronic documents.
i) As the courts don’t deal much with electronic documents besides the ones drawn up by the court itself (and also has a paper copy) it hasn’t been an issue.
j) That’s how the communication usually takes place; hence it’s not a problem.
k) Yes.
l) No, digital signature doesn’t exist.
m) Yes, the parties generally have access to the complete court file (in paper) unless there are special circumstances and its secret according to the Secrecy Act. However the parties do not have automatic access to the recordings of witness statements, they have to ask for a copy to get it.
n) No.
o) The electronic files are under the same regulations as paper files.
p) Judges and court staff have access to all court files. However it is only staff taking part in the adjudication process that can edit information, the others can only read information.
Question 3

Question 4
There are State-run databases for national legislation, European legislation, international case-law and law review articles accessible to all judges. There are many different databases run by private institutions covering all the different areas, but each court decides for them which ones they’re going to use. E.g. Karnov, Infotorg, Zetéo
Question 5

Question 6

Question 7

Question 8

Question 9

Question 10
The Swedish courts administration decides together with the president or chief judge
Question 11
The advantages of the development of IT in courts are considerable. It has facilitated and rationalized the work in many ways. I can’t see any major disadvantages with the development that has taken place.