Strasbourg Case Law: Gillberg v. Sweden, Criminal conviction for refusal to give access to research files, no violation of Convention – Dirk Voorhoof and Rónán Ó Fathaigh

14 04 2012

In its decision in Gillberg v Sweden the Grand Chamber of the European Court has, more firmly than the 2010 judgment of the Third Section, confirmed that Swedish professor, Christopher Gillberg (pictured right) could not rely on his right of privacy under Article 8, nor on his (negative) right to freedom of expression and information under Article 10 of the Convention to justify his refusal to give access to research material at Gothenburg University (see comment on Chamber judgment here). The Court unanimously concluded that the criminal conviction of the professor for not giving access to the requested documents did not affect his rights under Article 8 and 10 of the Convention. Most importantly, the Grand Chamber also referred under Article 10 of the Convention to the right “to receive information in the form of access to the public documents” ([93] and [94]). Read the rest of this entry »