Law / Sweden

Lag (2021:890) om skydd för personer som rapporterar om missförhållanden (Whistleblower Protection Act), Chapter 8, Sections 1 to 3, Recording of Oral Reports

Lag (2021:890) om skydd för personer som rapporterar om missförhållanden, 8 kap. 1-3 §§

In force since .

An interception and recording consent rule binding public and private bodies.

Obligation class
Consent, Governance

As of .

What it requires

  • If you are obliged to have internal or external reporting channels and you receive oral reports, document each oral report by a recording that can be saved in a durable and accessible form or by minutes, and record it only if the reporting person consents (Chapter 8, sections 1 and 2).
  • Give the reporting person the chance to check, correct and approve by signature a transcript or minutes of an oral report (Chapter 8, section 3).
  • You are obliged to have internal reporting channels and procedures if you had 50 or more employees at the start of the calendar year (Chapter 5, section 2).

What this law does

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Research summary

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Chapter 5, section 2 obliges an operator that had 50 or more employees at the start of the calendar year to have internal reporting channels and procedures for reporting and follow-up. Chapter 8, section 1 requires whoever is obliged to have internal or external reporting channels and receives oral reports to document the reporting by a recording that can be saved in a durable and accessible form or by minutes.

If the oral reporting takes place other than at a physical meeting, the documentation duty may also be met by a transcript of the recording or in another suitable way. Chapter 8, section 2 provides that a reporting may be recorded only if the reporting person consents to it. Chapter 8, section 3 requires the reporting person to be given the opportunity to check, correct and approve by signature a transcript or minutes.

Chapter 10, section 1 has the authorities the government designates as supervisory authority see to it that operators follow the Act's provisions on internal reporting channels and procedures for reporting and follow-up. The Act took effect on . Chapter 5 first applied on to operators other than private operators with 50 to 249 employees, and on to those private operators.

When LexLint raises it

When your app profile says your app records conversations or processes voice recordings.

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