SWEDEN Law and Practice Contributed by: Robert Stromberg and Malin Dunér, Advokatfirman Cederquist KB
mation would be detrimental to others (including the employer due to an ongoing dispute). In certain cases, the employer may also refuse to provide a copy of the data, for example if the data subject makes unfound - ed or unreasonable requests (such as several access requests in a short period of time). 7.4 AI It is not common for AI to be used in connection with internal investigations. However, it may potentially be used in the review of written evidence or in forensic investigations. Given the rapid development of AI, there is reason to believe that its use in internal inves- tigations will increase. Any such usage will, however, be dependent on the limitations set out in the new AI Directive (2024/1689), as well as in the GDPR. The AI Directive regulates the development and use of AI in the EU based on the level of risk the systems impose. It prohibits certain particularly harmful appli - cations and imposes strict limits on high-risk AI – eg, for recruitment or monitoring of performance. The AI Directive thus imposes restrictions on the use of AI in HR internal investigations, which would in general be deemed high-risk AI. When processing personal data using AI, the rules and principles of the GDPR must be complied with. AI can be used for various forms of automatic deci - sion-making, but the GDPR generally prohibits such decision-making. There are exceptions, however – eg, in the case of explicit consent from the individual – but it is generally not recommended to base personal data processing on consent, as it may be withdrawn by the individual. In the case of data processing in connec - tion with automated decision-making, the individual has the right to be informed that such decision-mak - ing is taking place, and to receive an explanation of the decision taken.
it. For classification as a whistle-blower, one must be an employee, job seeker, intern, self-employed person performing work, working shareholder or similar, or a person who has previously been active in the busi - ness. The reporting shall be made in a work-related context and shall concern information about irregu - larities that are in the public interest to disclose, or irregularities that violate certain Union acts. Irregulari - ties that may be in the public interest to disclose need to be assessed on a case-by-case basis but may, for example, include human rights violations, corruption, misuse of public funds, violations of official regula - tions or violations of competition law. The Act provides protection against obstructive meas - ures and retaliation, as well as immunity from liability for breach of confidentiality. An employer may not obstruct or attempt to obstruct reporting, nor take retaliatory measures against a reporting person. In addition, an employer cannot take retaliatory meas - ures against someone who has turned to their employ - ee organisation for consultation regarding reporting, or obstruct or attempt to obstruct consultation with said organisation. An employer who violates these prohibitions is liable to pay damages. 8.2 Sexual Harassment and/or Violence Sexual harassment is a form of discrimination defined by the Discrimination Act (2008:567) as behaviour of a sexual nature that violates someone’s dignity. Employ - ees, job applicants and interns or hired workers who report violations of the Act, have been subject to har - assment based on a protected characteristic or sexual harassment and/or have participated in such investi - gations are protected from reprisals by the employer. 8.3 Other Forms of Discrimination and/ or Harassment Including Bullying and/or Mobbing The Discrimination Act (2008:567) stipulates that the following are protected characteristics: gender, gen - der identity or expression, ethnicity, religion or other belief, disability, sexual orientation and age. Discrimi - nation can take the form of:
8. Special Cases 8.1 Whistle-Blowing
Sweden has implemented the EU Whistleblower Directive (2019/1937) through the Whistleblowing Act (2021:890). It protects whistle-blowers – ie, reporting persons who, in a work-related context, have obtained or acquired information about irregularities and report
• direct discrimination; • indirect discrimination; • sexual harassment;
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