According to Chapter 6, section 5, a public authority shall, upon request by another public authority, provide information in its possession unless the information is classified or it would impede the due course of the work. Uppsala Vatten och Avfall AB made a request to the Swedish Armed Forces to obtain a survey concerning the Swedish Armed Forces’ use of fire extinguishing foam within a certain area. The Swedish Armed Forces rejected Uppsala Vatten och Avfall AB’s request. The Swedish Armed Forces stated that the survey was a draft of an investigation which was not finalised and that a release of the survey would make it public, which would impede the conduct of the work. Furthermore, the Swedish Armed Forces stated that the relevant provision in the Public Access to Information and Secrecy Act could be regarded as a specification of the general obligation to cooperate between public authorities in accordance with section 8 of the Administrative Procedure Act (2017:900) and that the Administrative Procedure Act does not apply to Uppsala Vatten och Avfall AB since it is a municipal limited company. The Swedish Armed Forces argued that a release of the survey would impede the due course of the work at the public authority. The Supreme Administrative Court notes that since Uppsala Vatten och Avfall AB is a wholly owned municipal limited company Uppsala Vatten och Avfall AB shall be equated with a public authority upon application of the Public Access to Information and Secrecy Act. Pursuant to Chapter 6, section 5 of the Public Access to Information and Secrecy Act, a public authority need not release information if it would impede the due course of the work. In the assessment of what may be deemed to impede the due course of the work, it is irrelevant whether it is a public authority or a party which is equated with a public authority which requests the information. The information obligation stated in Chapter 6, section 5 of the Public Access to Information and Secrecy Act, covers all information in the possession of the public authority, thus not only information from public documents. The Supreme Administrative Court is accordingly of the opinion that no significance can be ascribed to the fact that a document will become public upon a disclosure in accordance with the provision. The relevant exemption in Chapter 6, section 5 of the Public Access to Information and Secrecy Act should have in view whether the release of the information at the time of the request may be deemed to impede the due course of the work of the public authority. It may be, for example, due to the fact that the information is not available without an extensive search or an otherwise very demanding work effort. In the assessment, no significance may be ascribed as to whether the public authority in the distant future may possibly encounter problems due to the disclosure. According to the Supreme Administrative Court no impediment against releasing the survey based on the due course of the work has come to light. However, the Supreme Administrative Court notes that it is required that the survey not be subject to secrecy in order for it to be able to be released to Uppsala Vatten och Avfall AB. The Swedish Armed Forces have conducted no such examination, and the Supreme Administrative Court should not do so as the first instance. Accordingly, the rulings of the lower courts shall be overturned and the case shall be remanded to the Swedish Armed Forces for a new examination.
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