Lawyer takes battle for GDPR: A giant hole in regulation

He has always been skeptical that the address and telephone numbers are posted online without having any control over it. That is why he became very optimistic when GDPR came in 2018 and interpreted the regulation as being focused on protecting that type of information.

But when he took note of the Swedish Supplementary Act to GDPR, the Data Protection Act, he shrugged.
- It declared something that was not allowed, that Swedish law takes precedence over EU law.

The Constitution would apply to GDPR. The authority that is to review compliance with the law, the Data Inspectorate, also questioned when the law came about whether that part was compatible with EU law.

Walter Guldbrandzén wanted to have the Data Protection Act tested and filed a complaint against Ratsit to the Data Inspectorate.

Nearly one-third of the complaints that came to the Data Inspectorate during GDPR's first year were about popular services such as Eniro, Mrkoll, Ratsit, Merinfo and Lexbase, according to a report from the authority.

Guldbrandzén received the same response as the others who complained: That the sites have proof of publication which gives them the same constitutional protection as the media. They are not covered by the GDPR and therefore the Data Inspectorate cannot review them. It is also written that the authority has made a critical statement that the sites can receive constitutional protection through the publication certificate.

- This is what the entire GDPR aims to prevent. For companies to be able to take one's personal data and against one's will and knowledge publish it online and do business on it. That's exactly what these companies do, says Guldbrandzén, who is politically involved in the Liberals but drives the case privately.

He appealed the answer to the administrative law, but according to the court he can not appeal it as it is not a decision. It is also noted that the sites are not affected by GDPR.

In May 2018, Walter Guldbrandzén Sweden reported to the European Commission for violations of EU law grounds and is still waiting for answers. SVT News has sought Justice Minister Morgan Johansson (S) for a comment.

Walter Guldbrandzén did not contact Ratsit directly and it was not clear on the site that it can be removed. But when SVT News contacts Ratsit you say that it is possible and that since 2018 you remove people who hear and want it. After the interview you also add that information to the site.

According to the company's CEO Anders Johansson, names and addresses could have been published even if they had been covered by GDPR, as long as you remove people who wish.

- Even if you delete your information online, you do not disappear in Sweden anyway because it is only to call the Swedish Tax Agency and ask. So the right to be forgotten does not work in Sweden in the same way as in other countries.

He describes Ratsit as a medium like Aftonbladet and SVT.

- We want to provide the Swedish people and companies with information to make their everyday life easier.

The service has a million unique visitors a week. He feels that many have great benefit from the service as an address directory but also as a tool for scrutiny.

- Openness has many advantages, more than disadvantages, and I think society also thinks so. As long as the broad mass thinks it will be so.