The Verdict: Preschool Forced to Reveal Undocumented Child

The Pre-School Administration in Gothenburg refused to disclose the whereabouts of a paperless child, despite a request from the police. Now the Administrative Court of Appeal is giving the police the right, reports Dagens Nyheter.

» Published: December 12 2024

The Verdict: Preschool Forced to Reveal Undocumented Child
Photo: Fredrik Sandberg/TT

The undocumented child was to be deported from Sweden along with their family, but they kept themselves hidden and the police couldn't find them.

The police therefore requested that the preschool administration reveal the child's whereabouts, citing the Public Access to Information and Secrecy Act. According to the law, the "public interest" in disclosing information can outweigh an individual child's interests.

However, the preschool administration opposed the request and referred to the Education Act. According to the Act, confidentiality should prevail if a child or their relatives can be harmed by the disclosure of personal information.

In the end, the Gothenburg Administrative Court chose to side with the police and the preschool was forced to disclose the information.

After the two laws were pitted against each other, the court concludes that confidential information about a child can be disclosed "if it is clear that the interest in disclosing the information takes precedence over the interest that confidentiality is intended to protect," writes DN.

In the current case, the child's best interests had already been assessed in the court's decision on the residence permit, and therefore the police's interest is deemed to outweigh.

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By TTThis article has been altered and translated by Sweden Herald

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