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/ Surveillance Team (2018: 1200)

Camera Surveillance Team (2018: 1200)
tom SFS 2020: 519

SFS no : 2018: 1200
Ministry / authority : Ministry of Justice L6
Issued : 2018-06-20
Modified : until SFS 2020: 519
Change register : SFSR (Government Offices)
Source : Full text (Government Offices)

Content:
Transitional provisions

General provisions
Section 1 This Act contains provisions on camera surveillance which
- complements Regulation (EU) 2016/679 of the European Parliament and of the Council of
27 April 2016 on the protection of individuals with regard to the treatment of
personal data and on the free flow of such data and on cancellation
of Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as EU
Data Protection Regulation, and
- Implements Directive (EU) 2016/680 of the European Parliament and of the Council of 27
April 2016 on the protection of individuals with regard to the competent
authorities' processing of personal data in order to prevent, deter, investigate,
disclose or prosecute crimes or enforce criminal penalties, and the free flow
of such information and repealing Council Framework Decision 2008/977 / JHA, here
referred to as the EU Data Protection Directive.
The law also contains provisions on such camera surveillance that are not covered
of the EU Data Protection Regulation or the EU Data Protection Directive.

The purpose of the team
Section 2 The purpose of this Act is to meet the need for camera surveillance
legitimate purposes and to protect natural persons against undue intrusion
privacy of such surveillance.

Camera surveillance
Section 3 Camera surveillance refers to
1. that a television camera, another optical-electronic instrument or a related one
comparable equipment, without maneuvering on site, is used in a way that
involves permanent or regular repeated personal surveillance,
2. that a separate technical device for interception or recording of sound
used in connection with the use of equipment referred to in 1, or
3. that a separate technical device is used to process image and
audio material recorded with equipment referred to in 1 or 2.

Scope of the law
Section 4 of the Act only applies if
1. Camera surveillance according to 3 § 1 or 2 takes place with equipment located in Sweden
and the person conducting the surveillance is established in Sweden or in a third country, or
2. camera surveillance in accordance with § 3 (3) refers to the processing of image and sound material which
taken up during surveillance referred to in 1 and the treatment is performed by the person who
carries out the surveillance or on his or her behalf.
Section 5 The Act does not apply to
1. camera surveillance performed by a natural person as part of an activity of
purely private in nature or related to his or her household,
2. secret camera surveillance according to ch. 27 the Code of Judicial Procedure or the law
(2007: 979) on measures to prevent certain particularly serious crimes,
3. camera surveillance that takes place in an activity covered by
the Freedom of the Press Ordinance or the Freedom of Expression Act, or
4. camera surveillance for journalistic or academic purposes;
artistic or literary creation.

The law's relationship to other data protection regulations
Section 6 In addition to what is prescribed in this Act applies
1. EU Data Protection Regulation, Act (2018: 218) with supplementary
provisions of the EU Data Protection Regulation, regulations issued in
adherence to the law and other regulations that supplement
the Data Protection Regulation,
2. the Criminal Data Act (2018: 1177), regulations that have been issued in connection with
the law and other regulations implementing the EU Data Protection Directive, and
3. regulations on such processing of personal data that is not covered by
the scope of the Data Protection Regulation or the Criminal Data Act.

Permission for camera surveillance
Requirements for a permit
Section 7 Permission for camera surveillance of a place to which the public has access is required,
if the surveillance is to be carried out by
1. an authority, or
2. someone other than an authority in the performance of a task of general
interest arising from law or other statute, collective agreement or decision which
issued on the basis of law or other statute.

Conditions for permits
Section 8 Permission for camera surveillance shall be granted if the interest in such surveillance
outweighs the individual's interest in not being monitored.
In assessing the interest in camera surveillance, special consideration shall be given to:
the surveillance is needed to
1. prevent, deter or detect criminal activity or investigate or
prosecute a crime at a crime scene or in another place where it is of special
reason there is a risk of attacking someone's life, health or safety or on
property,
2. prevent, prevent or detect disturbances of public order and
safety or limit the effects of such disturbances,
3. exercise control activities;
4. prevent, prevent or detect accidents or limit the effects of
accidents, or
5. serve other comparable purposes.
When assessing the individual's interest in not being monitored, it should be special
considered
1. how the monitoring is to be performed;
2. on technologies that promote the protection of the individual's privacy
be used, and
3. which area is to be monitored.

Exemption from the permit requirement
Section 9 Permission for camera surveillance is not required
1. surveillance such as the Coast Guard, the Police Authority, the Security Police or
The Swedish Customs conducts,
2. surveillance carried out to protect a building, another facility or a
area which according to § 4 5 or 6, 5 § 1-5 or § 6 first paragraph of the Protection Act
(2010: 305) has been declared a protected object, if the surveillance only covers
the protected object or an area in its immediate vicinity,
3. surveillance carried out by the Armed Forces from a vehicle, ship or aircraft
as part of a military operation or exercise or needed to try
equipment for such surveillance,
4. surveillance carried out by the Swedish Transport Administration
(a) of road traffic;
(b) of maritime traffic on a movable bridge;
(c) at a toll booth or checkpoint referred to in the Annexes to the Law
(2004: 629) on congestion tax and which takes place to collect necessary information
in order for a decision on congestion tax to be made and to check that such
tax is paid, or
(d) at a toll booth on a public road used for the collection of
infrastructure charges in accordance with the Act (2014: 52) on infrastructure charges on roads and
which takes place to collect information needed to decide on
it must be possible to charge an infrastructure fee and to check that such a fee is paid;
5. surveillance in a road tunnel with monitoring systems referred to in the law
(2006: 418) on safety in road tunnels and operated by someone else
tunnel holders than the Swedish Transport Administration,
6. surveillance aimed at preventing, deterring or detecting crime
activities, investigate or prosecute crimes, prevent, deter or detect
disturbances of public order and safety or accidents or restrict
the effects of such disturbances or accidents, if the surveillance takes place
(a) in a means of transport used in public transport by road, rail, water,
tramway or subway,
b) of a station, terminal or stop area intended for travel with
public transport by road, rail, water, tram or metro,
(c) by a location on railway, tramway or metro tracks, or
d) of an airport area,
7. surveillance in a room where postal operations are carried out or by the area
immediately outside the entrances and exits of such premises, if the security is in place
purpose of preventing, deterring or detecting criminal activity or investigating or
prosecute crime,
8. surveillance in a car park, if the surveillance is intended to prevent;
prevent or detect criminal activity or investigate or prosecute crimes;
9. monitoring that takes place for the safety of traffic or the working environment from one
vehicle, machine or the like to improve the visibility of the driver or
the user, and
10. surveillance in a shop premises where pharmacy operations are conducted, if
the purpose of surveillance is to prevent, deter or detect crime
activities or investigate or prosecute crimes. Lag (2020: 519) .

Temporary exemptions from the permit requirement
Section 10 Camera surveillance may take place without an application for a permit having been made
For a maximum of one month, in the case of surveillance carried out by the person who is
rescue leaders according to the law (2003: 778) on protection against accidents, on surveillance
is important to avert an imminent danger of accident, limiting the effects
of an accident or reduce the risk of new accidents, or
2. for a maximum of one month, in the case of surveillance carried out by the person who is
rescue leaders according to the law on protection against accidents, if the surveillance is important for
to search for a missing person.
If an application for a permit is made within the time specified in the first paragraph,
the surveillance is carried out without permission until the application has been examined. Law
(2019: 1163) .

Application for a permit
Section 11 An application for a permit for camera surveillance shall be made in writing to
supervisory authority.
The application must contain
1. information on the person who is to carry out the surveillance and, where applicable, it
who shall take care of the surveillance on behalf of the licensee,
2. information on the purpose of the surveillance;
3. a description of the surveillance, in particular the equipment to be used;
where the equipment is to be placed, the area or type of area to be monitored
and the times when surveillance is to take place,
4. an assessment of the need for surveillance and the proportionality of surveillance
in relation to the purpose,
5. an assessment of the risks of invasion of privacy and a
description of the measures planned to manage the risks, and
6. information on the other circumstances that are important for the examination of
the case.
If the applicant is not an authority, the application must contain information about that law
or other constitution, collective agreement or decision that constitutes the legal basis
for camera surveillance.
If the surveillance concerns a workplace, an opinion from a safety representative, a
safety committee or an organization representing the workers on
the workplace is submitted together with the application.

Opinion of the municipality
Section 12 Before the supervisory authority decides on a permit for camera surveillance,
the municipality where the monitoring is to take place will have the opportunity to comment, if specifically
reason, an opinion is needed.

Decision on permit
Section 13 A decision on a permit for camera surveillance shall state who is to
conduct the surveillance and, where applicable, who will be in charge
the surveillance on behalf of the licensee.
The decision shall be combined with conditions on how the camera surveillance may be arranged.
The terms shall apply
1. the purpose of the surveillance;
2. the equipment that may be used and where the equipment may be placed;
3. the area or type of area that may be monitored and the times when monitoring
may take place, and
4. information about the surveillance, preservation or other processing of images
or noise and other conditions that are important for the protection of individuals
privacy, if such conditions are required for the permit.
A permit may be issued for a limited time.

Changed conditions
Section 14 If the conditions for a permit change, the supervisory authority may
decide on new conditions or, if the conditions for permits are no longer
fulfilled, revoke the permit.

The Coast Guard, the Police Authority, the Security Police and
The Swedish Customs' camera surveillance
Prerequisites for camera surveillance
Section 14 a The Coast Guard, the Police Authority, the Security Police and the Swedish Customs may
conduct camera surveillance of a place to which the public has access only if
the interest of such surveillance outweighs the individual's interest in not
be guarded.
When assessing the interest in camera surveillance, section 8, second paragraph
apply.
When assessing the individual's interest in not being monitored, section 8 shall apply
paragraph shall apply. Lag (2019: 1163) .
Section 14 b Before the Coast Guard, the Police Authority, the Security Police or
The Swedish Customs begins camera surveillance of a place to which the public has access
the authority assess whether the conditions specified in section 14 a are met.
A new assessment must be made
1. before the authority changes the surveillance in a significant way that increases
the risk of invasion of the individual's privacy, and
2. if the conditions at the site being monitored change significantly
which reduces the interest in surveillance or increases the risk of intrusion into the individual
privacy.
The assessment that has been made in accordance with the first or second paragraph shall
documented. Lag (2019: 1163) .

Exceptions for certain camera surveillance
Section 14 c The provisions of Sections 14 a and 14 b do not apply to
1. camera surveillance that the Police Authority conducts automatically
speed monitoring, and
2. camera surveillance such as the Coast Guard, the Police Authority,
The Security Police or the Swedish Customs conduct in cases referred to in 9 § 2 and 6-10. Law
(2020: 519) .

Temporary exceptions for certain camera surveillance
Section 14 d The provisions of Sections 14 a and 14 b do not apply to
1. camera surveillance carried out by the Police Authority or the Security Police
for a maximum of three months, if for special reasons there is a risk of serious
crime and the purpose of surveillance is to prevent, deter or detect
such criminal activity or to investigate or prosecute such offenses;
2. camera surveillance as the Police Authority or the person who is the rescue leader
according to the law (2003: 778) on protection against accidents for a maximum of one month,
if the surveillance is important to avert an imminent danger of an accident,
limit the effects of an accident or reduce the risk of new accidents;
and
3. camera surveillance as the person who is the rescue leader according to the law on protection
against accidents conducted for a maximum of one month, if the surveillance is important to
search for a missing person. Lag (2019: 1163) .

Information about camera surveillance and individuals' right to information
Requirements for information
Section 15 Information on camera surveillance shall be provided through clear signage or
in some other effective way.
If sound can be intercepted or recorded during surveillance, special information must be provided
left about this.
Provisions on the right to information about the processing of personal data which
The camera surveillance entails can be found in the EU Data Protection Regulation and others
regulations specified in section 6.

Exceptions from the disclosure requirement and the right to information
Section 16 Information on camera surveillance and information on it
personal data processing that camera surveillance entails does not need to be provided
at
1. surveillance carried out by the Police Authority automatically
speed monitoring,
Surveillance conducted in urgent cases by an aircraft of
The police authority or the Security Police, if there is a risk for a special reason
for serious crime and the purpose of surveillance is to prevent, prevent
or detect such criminal activity or investigate or prosecute such crimes;
3. surveillance carried out to protect a building, another facility or a
area which according to § 4 5 or 6, 5 § 1-5 or § 6 first paragraph of the Protection Act
(2010: 305) has been declared a protected object, if the surveillance only covers
the protected object or an area in its immediate vicinity,
4. surveillance conducted by the Armed Forces from a vehicle, ship or aircraft
as part of a military operation or exercise or needed to try
equipment for such surveillance,
Surveillance conducted in urgent cases by an aircraft of
The police authority or the person who is the rescue leader according to the law (2003: 778) on
protection against accidents, if the surveillance is important to ward off an imminent
risk of accident, limit the effects of an accident or reduce the risk
for new accidents, and
6. surveillance conducted by the person who is the rescue leader according to the law on
protection against accidents, if the surveillance is important for investigating a missing person
person.
The exceptions in the first paragraph do not apply if sound is to be listened to or recorded at
the camera surveillance. Lag (2020: 519) .

Exceptions in individual cases
Section 17 If there are special reasons, the supervisory authority may decide in individual cases
on exemptions from the disclosure requirement and the right to information about it
personal data processing that camera surveillance entails.

Application for exemption
Section 18 An application for such an exemption as referred to in section 17 shall be made in writing
with the supervisory authority.
The application must contain information about the person who will conduct the camera surveillance and
where applicable, the person who is to take care of the supervision of his or her
account and the reasons for the application.
If the surveillance concerns a workplace, an opinion from a safety representative, a
safety committee or an organization representing the workers on
the workplace is submitted together with the application.

Opinion of the municipality
Section 19 Before the supervisory authority decides on such an exemption as is referred to in section 17,
the municipality where the camera surveillance is to take place shall have the opportunity to comment, if
the surveillance refers to a place to which the public has access and that of special
reason, an opinion is needed.

Decision on exemption
Section 20 A decision on an exemption pursuant to section 17 shall state who is to conduct
the camera surveillance and, if applicable, who will be in charge
the surveillance on his or her behalf. The decision must be combined with the conditions
needed and may be communicated for a limited time.
If the conditions for a decision on an exemption change, the supervisory authority may
decide on new conditions or, if the conditions for such a decision are no longer
are met, revoke the decision.

Obligation to negotiate for employers
Section 21 In the case of an employer's decision on camera surveillance of a workplace,
There are provisions on the obligation to negotiate in sections 11-14 of the Act (1976: 580) on
co-determination in working life.

Duty of confidentiality and disclosure of information
Section 22 A person who takes up a position with information that has been obtained through
camera surveillance may not unauthorizedly disclose or use what he or she is wearing
this way has been told about an individual's personal circumstances.
In the public service, the Public Access to Information and Secrecy Act is applied
(2009: 400) instead of the first paragraph.

Supervision, penalty fees and damages
Supervisory authority
Section 23 The authority determined by the government exercises supervision
camera surveillance under this law.

Powers
Section 24 Provisions on the supervisory authority's powers in the EU
the Data Protection Ordinance and the regulations specified in section 6 shall also apply to
supervision of compliance with this law.

Penalty fees
Section 25 The supervisory authority may charge a penalty fee to the perpetrator
camera surveillance and
1. violates the permit requirement in section 7,
2. does not comply with the terms of a permit decision issued pursuant to 13
or section 14,
3. violates the requirements for documented assessment in § 14 b,
4. violates the disclosure requirement in section 15, or
5. does not comply with the terms of an exemption decision issued pursuant to 20
§. Lag (2019: 1163) .
Section 26 When deciding on a penalty fee, Article 83 (1), (2) and (3) of the EU shall apply
data protection ordinance, in the original wording, and ch. 6 Sections 4-7 of the Act
(2018: 218) with supplementary provisions to the EU Data Protection Regulation
apply. During camera surveillance covered by the Criminal Data Act (2018: 1177)
shall instead ch. 6 Section 3, third paragraph and Chapter 6 Sections 4-9 of that law apply.
Section 27 In the case of such violations as are referred to in section 25 1-3, the amount of the fee shall
determined in accordance with Article 83 (4) of the EU Data Protection Regulation, in
original wording, or, in the case of public authorities, in application of the lower
the fee level in ch. 6 Section 2, second paragraph of the Act (2018: 218) with supplementary
provisions of the EU Data Protection Regulation. During camera surveillance as
covered by the Criminal Data Act (2018: 1177), the size of the fee shall instead be determined
with the application of ch. 6 § 3 first paragraph of that law.
In the case of violations referred to in § 25 4 and 5, the size of the fee shall
determined in accordance with Article 83 (5) of the EU Data Protection Regulation, in
original wording, or, in the case of public authorities, in application thereof
higher fee level in ch. 6 § 2 second paragraph of the law with supplementary
provisions of the EU Data Protection Regulation. During camera surveillance as
covered by the Criminal Data Act, the size of the fee shall instead be determined by
application of ch. 6 § 3 second paragraph of that law. Lag (2019: 1163) .

Damages
Section 28 In the event of a violation of provisions in this Act or of decisions that have
notified under the Act, the provisions on the right to compensation in Article 82 i
The EU Data Protection Regulation is applied. For camera surveillance covered by
The Criminal Data Act (2018: 1177) shall instead be Chapter 7. Section 1 of that law applies.

Appeal
Section 29 The supervisory authority's decision pursuant to this Act may be appealed to the public
administrative court. When a decision is appealed, the supervisory authority is the other party in
the court.
Decisions on permits for camera surveillance and on exemptions pursuant to section 20 may
is also appealed by the municipality where the monitoring is to take place and, if the monitoring
shall refer to a workplace, by an organization representing the employees of

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the workplace.
Permission to appeal is required in an appeal to the Court of Appeal.

Transitional provisions
2018: 1200
1. This law enters into force on 1 August 2018.
2. The Act repeals the Camera Surveillance Act (2013: 460).
3. Permission for camera surveillance that has been decided in accordance with the repealed law
and relating to camera surveillance covered by the permit requirement in the new
the law still applies. Other permits that have been decided in accordance with the revoked one
the law no longer applies.
4. Notifications made in accordance with the repealed law are no longer valid.
5. Decision on exemption from the disclosure requirement that has been made in accordance with section 27, third
paragraph the repealed law applies as a decision on exemption from
the disclosure requirement and the right to information according to section 17 of the new law.
6. Cases that have been initiated with the county administrative boards in accordance with the repealed law, however
has not yet been decided shall be handed over to the authority supervising
camera surveillance under the new law.
7. If a decision taken under the repealed law has been appealed by
someone other than the supervisory authority under the new law, is the supervisory authority
counterparty in court.
8. Older provisions on penalties still apply to infringements that have taken place
before the entry into force.
2019: 1163
1. This Act shall enter into force on 1 January 2020.
2. Permission for camera surveillance or camera surveillance that has been granted
The Coast Guard, the Police Authority, the Security Police or the Swedish Customs according to
the Camera Surveillance Act (2013: 460) or the Camera Surveillance Act (2018: 1200)
expires at the end of December 2019.
3. The supervisory authority may still charge a penalty fee in accordance with section 25 1 or
2 of the Coast Guard, the Police Authority, the Security Police and the Swedish Customs
the authorities before the entry into force have conducted camera surveillance and violated
the permit requirement in section 7 or not complied with the conditions in a decision on a permit that has
announced on the basis of section 13 or 14.
2020: 519
1. This Act shall enter into force on 1 August 2020.
2. Permission for camera surveillance or camera surveillance that has been decided
according to the Camera Surveillance Act (2013: 460) or the Camera Surveillance Act
(2018: 1200) and which refers to surveillance which according to the new regulations does not
no longer subject to permit requirements, will expire at the end of July 2020.
3. The supervisory authority may still charge a penalty fee in accordance with section 25 1 or
2 of those who before the entry into force conducted camera surveillance as according to the new ones
the provisions are no longer subject to authorization and have violated
the permit requirement in section 7 or not complied with the conditions in a decision on a permit that has
announced on the basis of section 13 or 14.

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