2 of the Aliens Data Decree information concerning an alien’s name, date of birth, nationality, and other
information that may be used to identify a person may be registered.59
Statistical data publicly available in the Register of the SMA did not at the time of the research include
information about the country of birth or former habitual residence of an applicant (for asylum or another
immigration permit) who is registered by the SMA as stateless or as having “unknown” nationality or
nationality “under investigation”. The consultant was therefore granted access to 24 decisions concerning
asylum-seekers recorded as stateless or with “unknown” nationality by the SMA, in order to enhance
UNHCR’s understanding of the background of stateless persons seeking asylum in Sweden, and the manner
in which their statelessness is assessed and taken into consideration in the asylum procedure.
In regard to the alignment of information registered in the Population Register and in the Register of the
SMA, it should be noted that changes made to e.g. a person’s nationality status is not automatically updated
in the other registration system. For example, if the nationality of a person is changed from “unknown” to
“stateless” in the Population Register, this change is not automatically made in the Register of the SMA,
if the person is also registered therein, as having “unknown” nationality. The Swedish Tax Agency, which
is responsible for updating the Population Register, only has access to information in the Register of the
SMA which is necessary for the issuance of identity cards.60 The Swedish Tax Agency does not have access
to information regarding nationality. The absence of an automatic referral mechanism or system between
the Register of the SMA and the Population Register can lead to a situation where the respective registers
contain inconsistent information regarding a person’s nationality status.
The absence in national legislation of a definition of a stateless person, coupled with the lack of common
guidelines for assessing an individual’s potential statelessness, can contribute to a risk of someone being
registered as stateless in one of the registers, and, for example, as having an “unknown” nationality in the
other.
A reason for the lack of an automated system for updating and aligning information in the respective
registers could be the principle of independence governing the work of the Swedish authorities. The
Swedish Instrument of Government holds, in Chapter 12, Section 2, that no public authority, not even
the Parliament or Government, may decide how another administrative authority shall exercise its public
authority in an individual case. This means that every administrative authority shall independently execute
its responsibilities towards the public without being bound by decisions of other authorities. In addition, the
Swedish Personal Data Act61 and the Public Access to Information and Secrecy Act62 prevent authorities from
exchanging personal information concerning individuals. It follows from the Public Access to Information
and Secrecy Act, Chapter 8, Section 1 that, as a general rule, the rules of confidentiality also apply between
authorities. Permitted exceptions from the general rule are stated in the Act, or in regulations referred to in
Chapter 10, Section 28 of the Act.
59
Direct access to the Register of the SMA has been granted in accordance of Section 8 of the Aliens Data Decree to the Police, the
Security Police, the Swedish authorities abroad, the Social Insurance Authority, the Pensions Authority, and the Tax Authority.
The direct access is only granted to the extent that is necessary for conducting the work of the particular civil servant handling
the matter.
60
Follows from Section 13 of the Aliens Data Decree, according to which the Swedish Tax Agency has direct access to the
Register of the SMA in connection to their responsibility to issue identity documents to persons registered in the Population
Register. However, access is limited to information necessary for the issuance of an identity card and does not include access to
information regarding nationality.
61
Personuppgiftslagen (1998: 204), available at: http://goo.gl/OsUlrj.
62
Offentlighets – och sekretesslagen (2009: 400), available at: http://goo.gl/d8rbUo.
UNHCR STOCKHOLM, 2016
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