The Supreme Court is expanding the right to request the production of digitally stored information

Executive Summary in English

In a recent judgement on 2 April 2020, case number Ö 2232-19 19 (Idre Fjällrestauranger (the ”Restaurant”) ./. Stiftelsen Idre Fjäll (the ”Trust”)), the Swedish Supreme Court has ruled upon the question whether a request for the production of documents (Sw. edition) can be ordered for digitally stored information to be supplied in digital form. The case concerned an ongoing dispute at the district court between the Restaurant and the Trust regarding damages due to the Trust’s termination of a rental agreement. The district court had ordered the Trust to present its so-called SIE4 files (i.e. data files containing all verifications for a certain financial year). The files were to be supplied in a USB memory stick. The Trust appealed to the Court of Appeal and subsequently to the Supreme Court. The Supreme Court upheld the district court’s decision and ordered the files to be provided in digital form, under penalty of a fine.

Prior to the Supreme Court award, it followed from Swedish case law that an order to produce certain information can encompass digitally stored information to be supplied in printed form. In its award, the Supreme Court expanded the right to produce the requested information to include digital information to be supplied in digital form (for example in the format of a USB memory stick).