The Social Insurance Agency is strongly criticised for unnecessarily making inquiries with several private individuals during a verification investigation
Summary of the decision: The Social Insurance Agency started a verification investigation after receiving information that an individual who was receiving sickness benefit was also engaged in, among other things, sales. In connection with the investigation, the authority obtained a Swish report with information on payments made between the individual and various private individuals. The Social Insurance Agency then contacted a number of those people by phone to obtain further information about the sales.
In his decision, the Parliamentary Ombudsman states that, based on the individual’s own information, it seems to have been undisputed that he had sold various things, and information in the Swish report allowed the agency to evaluate the extent of this. The Parliamentary Ombudsman therefore finds no support for the view that the Social Insurance Agency needed information from the private individuals in the Swish report for its assessment in the case. Furthermore, the Parliamentary Ombudsman states that the authority failed to carefully consider what investigative measures were necessary and notes that there is no documentation of what considerations were actually made. In addition, the Parliamentary Ombudsman considers that contacting the private individuals in the Swish report was not proportionate and constituted an unjustified breach of privacy.
The Parliamentary Ombudsmen takes a serious view of the fact that there are still errors that indicate that the Social Insurance Agency does not carry out its verification investigations with sufficient accuracy and with sufficient consideration for the privacy of individuals. The Social Insurance Agency is strongly criticised for its shortcomings in the case.