Health responsibility

The responsibility for injuries from the use of mobile phones and due to radiation emitted from base stations (041011)

Örjan Hallberg
Hallberg Independent Research
www.hir.nu

Introduction

3G is now being introduced at high speed in Sweden. A new law has been ratified that gives the operators the right to build their towers almost where-ever they want irrespectively of the opinion of the affected land owner. Operators, land owners, system manufacturers, phone manufacturers and authorities like SSI and PTS have all different roles in this game about life and health. This short report gives a summary of my attempt to clarify where the responsibility really rests in the case it will turn out to be a scientifically proven connection between health degradation and one or both of these two radiation sources. Before the started I guessed that nobody ever would stand up for such a responsibility, at least not in Sweden.

Responsibility areas

The table beneath tries to sort out the responsibility by each authority or industrial group. As can be seen no one takes a direct responsibility in the case it would become clear that the connection between mobile phones and/or base stations and health really exists and causes lots of health care costs. The closest to such a responsibility taking is, however, the statement by the Mobile Tele Branch (MTB) in Sweden. They say that if important information has been neglected, they will take the responsibility even if the Radiation Protection Authority earlier has not assessed this information as relevant. But this is my interpretation of what they have written and not necessarily what they will stand up to in a real case

The question that these individual parties had to answer was the following (after translation to English): If it turns out that radiation from mobile phones and mobile base station towers actually gives rise to serious health effects in the population; who is in that case responsible for this and who will be economically accountable to compensate the victime?

Party	Responsibility	References (Swedish only)	Dates
Mobile phone users	Regarding the responsibility for single products it always rests with the manufacturer whos products need to comply with relevant directives ... When it comes to electromagnetic fields (EMF) there are no formally settled limits.	Produktsäkerhetslagen Tillsynsmyndighet är Konsumentverket Fråga, Svar, Fråga 2 Elsäkerhetsverket Svar 1 Svar 2	040831 040903 040907 040914
Mobile phone manufacturers	Manufacturers of mobile phones would have a compensation responsibility if the products they supply do not stand up to requirements in product safety laws and to national and international standards and safety requirements or if available knowledge of great importance had been ignored and would have led to risk assessments other than those done by the radiation protection authorities.	Sony-Ericsson tillfrågad, 40682452 SE-Svar, MTBf1, MTBs1	040826 040913 040929
System manufacturers	Ericsson and its subsidiaries supplu products and service for mobile telecommunication world wide. The safety related responsibility varies, depending on legislation and instructions in the various countries. For general information about health and safety related to radio waves from mobile products, see the web home page of WHO, www.who.int/emf	Ericsson tillfrågad ASQ 178079 Påminnt ;Svar	040826 040929
Land owners	If a tenantship agreement exists between an operator and a land owner a law suit may be directed towards the land owner but 'hardly' so if the Mobile mast has been built based on an expropriatory right used and enforced by the operator. The insurance company FOLKSAM has 'absolutely' no ensurance that might be applicable in such a case	Fredrik Bonde, Fråga, Svar1, Ledningsrätten Lantmäteriet tillfrågat Reg kansliet, Jan Josefsson Folksams Kundtjänst	040826 040901 040901 040901
Operators	TeliaSonera follows SSI FS 2003:3 general advice on limiting electromagnetic fields issued by the Swedish Radiation Protection Authority. Above that we also follow applicable protection- and safety laws relevant to our sites and products.	Telia fråga 321902 Svar 1; Svar2	040826 041001 041006
Municipalities	In this case it is the operator alternatively the land owner who may become responsible.	Per-Erik Björkbacka	040826
Post- and Telecom Agency	The Swedish Radiation Protection Authority is the authority who is responsible for radiation issues in Sweden	Katarina Bååth	040825
Swedish Radiation Protection Authority	The Swedish National Electrical Safety Board www.elsak.se has the responsibility for product safety and can surely guide you further. Compensation claims might in reality be paied by the manufacturers or by the gouvernment if it turns out that the manufacturers have not followed ratified instructions or if the superintending authorities have ignored research results that have had major importance for the radiation protection and e.g. ought to have initiated a reduction of recommended or limiting levels in valid instructions.	Under handläggning av Lars Mjönes Dnd 2004/2617-52 Lena Hyrke Lena Hyrke 2	040825 040903 040907 041001
The gouvernment	If the question comes to the fore it will have to be dealt with in ordinary court trial. Rules for compensation claims described in the Environmental Law would be appropriate and applicable.	Socialdep, Leif Hansson Jan Josefsson	040824 040901

Table 1. Overview of responsibility for personal injuries caused by mobile phones and by radiation from base station towers.

Note. ICNIRP is aprivate organisation of experts who in cooperation with the mobile industry determines what limits should be applied for the human exposure to electromagnetic fields. These limits are based on tissue heating effects and not at all on the interaction between electromagnetic fields and the internal electrical signalling systems used by the bory itself. ICNIRP is said to have its head quarter in an appartment somewhere in Germany.