Regulation (2017:504) For International Police Cooperation

Original Language Title: Förordning (2017:504) om internationellt polisiärt samarbete

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/Entry into force: 2017-07-02/

Chapter 1. Introductory provisions



Contents of the regulation



section 1 of this regulation provides for police cooperation between Sweden and other States.



The provisions of Chapter 2-8. connect to Act (2017:496) for international police cooperation. The provisions of Chapter 9.

complementary to the Eurodac regulation.



Expression of the regulation



section 2 of the regulation referred to in



– The Schengen Convention: the Convention implementing the Schengen agreement of 14 June 1985,



– agreement with Denmark: agreement of 6 May 1999 between the Government of the Kingdom of Sweden and the Government of the Kingdom of Denmark concerning police cooperation in the Öresund region,



– Prümrådsbeslutet: Council decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime,



– The Atlas decision: Council decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation in crisis situations between European Union Member States ' special intervention units,



-CBE-directive: European Parliament and Council Directive (EU) 2015/413 of 11 March 2015 on facilitation of cross-border information exchange on offence, in the original wording,



-VIS-r ådsbeslutet: Council decision 2008/633/JHA of 23 June 2008 concerning access to the visa information system (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences,



– agreement with United States: agreement of 16 december, 2011, between the Government of the Kingdom of Sweden and the Government of the United States on closer cooperation to prevent and combat crime, and



-Eurodac regulation: European Parliament and Council Regulation (EU) No. 603/2013 of 26 June 2013, concerning the establishment of ' Eurodac ' for the comparison of fingerprints for the effective application of Regulation (EC) no 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection as a third country national or a stateless person in any of the Member States and for when law enforcement authorities of the Member States requesting comparisons with Eurodac data by for law enforcement purposes and amending Regulation (EC) no 1077/2011 establishing a European Agency for the operational management of large-scale it systems in the area of freedom, security and justice, in the original wording.



Chapter 2. Operational cooperation under the Schengen Convention



section 1 of the Police, the security police or coast guard shall consult with the Prosecutor concerned or any other person before the authority makes a decision on consent for cross-border surveillance into Sweden, where there is an ongoing investigation in Sweden concerning the person who is the subject of the surveillance.



The police, the security police or coast guard shall also consult with the armed forces before it decides whether to consent to a cross-border surveillance according to Chapter 2. section 1 of the Act (2017:496) of international police cooperation, if the foreign officials using Government ship or Government aircraft. The corresponding obligation applies to the police before the decision on cross-border hot pursuit under Chapter 2. paragraph 4 of the same law, if the foreign government officials using ships and State aircraft.



When Police or security police receives a notice of cross-border surveillance according to Chapter 2. section 2 of the Act on international police cooperation or a request for cross-border hot pursuit under Chapter 2. paragraph 5 of the same law, the authority shall forthwith inform the military about the foreign officials using Government ship or Government aircraft.



In access regulation (1992:118) contains provisions on conditions for access to the Swedish territory.



section 2 of The Swedish authority which is competent pursuant to Chapter 2. section 12 of the Act (2017:496) for international police cooperation may require that foreign officials who carried out cross-border surveillance or pursuit to account for what they have done during the mission. The authority may also request the foreign civil servants should appear in person at the Agency.



Chapter 3. Operational cooperation under the agreement with Denmark



section 1 of the request for assistance as referred to in Chapter 3. section 1 of the Act (2017:496) for international police cooperation should be directed to police the South region at the Police Department. When intervention under Chapter 3. paragraph 2 of the same law, the police region South.



Chapter 4. Operational cooperation, in accordance with Council decision Prümrådsbeslutet and Atlas



Cooperation abroad



section 1 of the Police and security services may provide assistance to an authority in another State in accordance with article 17 of the Prümrådsbeslutet.



Assistance may include the creation of joint patrols or the implementation of other joint operations in which the Swedish officials.



The police authority is the Swedish point of contact for requests for assistance under article 17 of the Prümrådsbeslutet.



section 2 of the Police, the customs service and the Coast Guard will be at major events and similar major events, disasters and serious accidents which have cross-border effects give assistance to an authority in another State in accordance with article 18 of the Prümrådsbeslutet.



Aid can consist of



1. notify the relevant authorities of another State if the situation as soon as possible and convey essential information,



2. implement the necessary police measures on Swedish territory, and



3. at the request of the State where the situation occurred sending officials and necessary equipment.



Swedish officials shall not be assigned to tasks involving the exercise of public authority when they serve in another State in accordance with article 18 of the Prümrådsbeslutet.



paragraph 3 of the Aid referred to in articles 17 and 18 of the Prümrådsbeslutet may be given to prevent or detect crime or to maintain public order and security.



Assistance consists of officials or the equipment is sent to another State may only be submitted if it is within the Agency's area of responsibility and authority are able to provide assistance.



paragraph 4 of the law enforcement agency may provide assistance to a special task force in another State under article 3 of the Atlas Council decision.



Assistance shall be provided by a Swedish special task force and may take the form of equipment, expertise or performance of operations where Swedish officials acting in supporting roles.




paragraph 5 of the Aid under article 3 of the Council decision, may be submitted for Atlas to manage a crisis situation.



Assistance may be granted only if it is within the Agency's area of responsibility and authority are able to provide assistance.



section 6 of the Police, the security police, the customs service and the coast guard decides if the assistance to be provided by the respective authority under Prümrådsbeslutet and Atlas Council decision.



The police authority will be coordinating authority for assistance, unless it is clear that any other agency should be the Coordinator.



Consultation with the armed forces in the face of collaboration in Sweden



section 7 of the law enforcement or security police must consult the armed forces before it included such an agreement as referred to in Chapter 4. section 8 of the Act (2017:496) of international police cooperation, if foreign officials to use Government ship or Government aircraft.



In access regulation (1992:118) contains provisions on conditions for access to the Swedish territory.



Additional regulations



section 8 of the police authority may provide for the enforcement of the provisions on operational cooperation as referred to in Council decision Prümrådsbeslutet and Atlas. If the provisions relating to the security police, the customs service or the coast guard, they should be given the opportunity to comment.



Chapter 5. The exchange of information under Prümrådsbeslutet



Data exchange at major events



section 1 of the Police, the customs service and the coast guard, in connection with major events with cross-border effects, at the request of an authority in another Member State or on its own initiative, in order to prevent or detect crime or to maintain public order and security, according to Prümrådsbeslutet issue



1. data about a person, if the result of a judgment which has obtained the force of law, or any other circumstance, there is reason to believe that the person will commit criminal offences at the event or pose a threat to public order and security to it, or



2. data other than personal data which are deemed necessary to prevent or detect crime or threats to public order and security at the event.



The first subparagraph shall not apply if the data in the corresponding case would not have to be disclosed to a Swedish authority.



The Swedish contact rather than transmit the data referred to in the first subparagraph to contact rather than in the other State.



The police authority is the Swedish contact point for the exchange of information at major events, according to Prümrådsbeslutet.



2 § When the police, the Customs and Excise Department or Coast Guard in connection with major events with cross-border implications requesting information from an authority in another State in accordance with Prümrådsbeslutet, the Swedish contact rather than transmit the request to the contact place in the other State.



Exchange of dna profiles, fingerprints and vehicle information



section 3 of The Swedish contact rather than to assist their own authority and the authorities referred to in the second subparagraph to seek information in foreign dna records, fingerprint register and vehicle register in accordance with the conditions provided for in Chapter 7. paragraph 2 of the first paragraph and Chapter 7. 4 or 6 of the Act (2017:496) for international police cooperation.



Authorities may request searches are



1. as set out in the provision of direct access in Chapter 4. section 10 of the police data Act (2010:361) in the case of dna records,



2. as set out in the provision of direct access in Chapter 4. section 17 of the police data Act regarding fingerprint register, and



3. The security police, the public prosecutor's Office, the Swedish national economic crimes Bureau and the customs service regarding vehicle registration.



The police authority is the Swedish contact point for the exchange of dna profiles, fingerprints and vehicle data under Prümrådsbeslutet.



section 4 of the police service included such agreements if the automatic comparisons listed in Chapter 7. paragraph 1, second subparagraph, and paragraph 2(2) of the law (2017:496) for international police cooperation.



5 § The Swedish contact shall keep a list of the officials of the authority which is competent to perform searches and comparisons in accordance with Chapter 7. 2, 4 or 6 of the Act (2017:496) for international police cooperation.



Notification and information obligations



section 6, If there is reason to believe that personal data transmitted or received pursuant to Prümrådsbeslutet is inaccurate or should not have been forwarded, the Swedish contact rather than inform the contact instead of that other State about it.



section 7 at the request of contact rather than in a State that has transmitted information according to Prümrådsbeslutet, the Swedish contact rather than provide information on the processing of the information received and the results achieved as well as of competent officials under section 5.



At the request of an interested State's data protection authority, the Swedish contact place, without delay and at the latest within four weeks, transmit the data that has been registered under section 9 or 10, in response to a particular Exchange. The Swedish contact place shall also inform if competent officials under section 5.



Registration obligation



section 8 of the exchange of personal data in accordance with Prümrådsbeslutet shall be registered in accordance with section 9 or 10.



The recorded data may be processed only to monitor and address the protection of the personal data that are exchanged.



§ 9 In the transmission and receipt of personal data according to the Prümrådsbeslutet, the Swedish contact place, unless otherwise stated in section 10, register



1. the reason that the data has been sent or received,



2. the data transmitted or received,



3. date of transmission or receipt,



4. name or designation of the applicant body, and



5. name or designation of the body for which the data was taken from.



10 § At the transmission and receipt of information under Chapter 7. 1 – 4 or section 6 of the Act (2017:496) of international police cooperation, the Swedish contact rather than register



1. If the search or comparison has resulted in a hit or not,



2. the data transmitted or received,



3. the date and time specified by hour, minute, and second, for transmission or reception



4. name or designation of the body that carried out the search or comparison, and



5. name or designation of the bodies that are administering the database.



For searching or comparison with the backing of the chapter 7. 2, 4 or 6 of the Act on international police cooperation in a register kept by another State should contact rather than even register what data has been used in the search, or


the comparison, the purpose of the measure and the official who decided that it would be carried out.



Screening, blocking and special education



section 11 of the personal information transmitted from another State under Prümrådsbeslutet to screen if the information is inaccurate or should not have been sent or received.

Incorrect information may instead be corrected.



Personal data referred to in the first subparagraph which have been sent and received properly to screen when the purpose of the transmission have been achieved or can no longer be achieved. Data transmitted from another State in connection with major events with cross-border implications for screening no later than one year from the date that the information was received.



section 12 instead of to screen personal data pursuant to section 11 of the data shall be blocked, if there is reason to believe that deletion would be detrimental to the person to whom the information relates. That the data are blocked means that they can only be dealt with in order to satisfy the order that prevented the thinning.



section 13 If a person denies that personal information in accordance with section 11 which relates to him or her are correct and the accuracy cannot be determined, it shall be indicated by a specific piece of information or in any other way. Such a mark does not restrict the future processing of the data.



The selection may be removed by the controller only after consent of the task or by decision of the supervisory authority.



section 14 of the data which has been registered under section 9 or 10 to screen two years after registration.



15 § Dna profiles or fingerprints as a foreign contact point has used when it sought or compared data in Swedish dna or fingerprint register in accordance with Chapter 7. 1 or paragraph 3 of the Act (2017:496) for international police cooperation should be erased when the comparison completed search answered or, if the information is not needed for registration under section 10.



Supervision



section 16 of the Swedish Data Inspection Board is the supervisory authority for personal data processing according to Prümrådsbeslutet and shall on its own initiative or at the request of the data protection authority of another State to conduct checks of treatment. The results of such checks shall be kept for a period of eighteen months and then discarded.



section 17 of the Data protection authority, by an authority of another State, which has treated personal information derived from Sweden, according to Prümrådsbeslutet, request access to the information about exchanges of information that have been registered.



The Swedish data inspection Board may invite a data protection authority of another State to carry out the necessary inspections for the monitoring of the processing of personal data originating from Sweden and made according to Prümrådsbeslutet.



The Swedish contact place shall, at the request of the Swedish Data Inspection Board inform if competent officials under section 5.



Appeal



section 18 of the 22 a of the Administrative Procedure Act (1986:223) provides for appeal to the administrative court. Other than the controller's decision in the case of rectification and the supervisory authority's decision under section 13, the second paragraph may, however, not subject to appeal.



Additional regulations



section 19 of the police authority may provide for the enforcement of the provisions on Exchange of information under Prümrådsbeslutet. If the provisions relating to the Transport Agency, it shall be given the opportunity to comment.



Chapter 6. Data Exchange according to CBE-directive



Exchange of vehicle data



section 1 of The Swedish contact rather than to assist the custom authority according to CBE-directive to seek information in the foreign vehicle register in accordance with the conditions set out in Chapter 8.

section 2 of the Act (2017:496) for international police cooperation.



The police authority is the Swedish contact point according to the CBE.



section 2 of The Swedish contact shall keep a list of the officials of the authority which is competent to conduct searches in accordance with Chapter 8. section 2 of the Act (2017:496) for international police cooperation.



Notification and information obligations



3 § If there is reason to believe that personal data transmitted or received according to CBE-directive are inaccurate or should not have been forwarded, the Swedish contact rather than inform the contact instead of that other State about it.



4 section at the request of contact rather than in a State that has transmitted information according to CBE-directive, the Swedish contact rather than provide information on the processing of the information received and the results achieved as well as of competent officials under section 2.



At the request of an interested State's data protection authority, the Swedish contact place, without delay and at the latest within four weeks, transmit the data that has been registered under section 5 in respect of a particular Exchange. The Swedish contact place shall also inform if competent officials under section 2.



Registration obligation



§ 5 In the transmission and reception of data in accordance with Chapter 8. section 2 of the Act (2017:496) of international police cooperation, the Swedish contact rather than register



1. If the search has led to a result or not,



2. the data transmitted or received,



3. the date and time specified by hour, minute, and second, for transmission or reception



4. the name or identification of the body which conducted the search, and



5. name or designation of the bodies that are administering the database.



When searching under Chapter 8. section 2 of the Act on international police cooperation in a register kept by another State should contact rather than even register what data has been used in the search, the purpose of the measure and the official who decided that it would be carried out.



The recorded data may be processed only to monitor and address the protection of the personal data that are exchanged.



Screening, blocking and special education



section 6 of the personal data transmitted from another State according to CBE-directive to screen if the information is inaccurate or should not have been sent or received. Incorrect information may instead be corrected.



Personal data referred to in the first subparagraph which have been sent and received properly to screen when the purpose of the transmission have been achieved or can no longer be achieved.



section 7 instead of to screen personal data pursuant to section 6, the data shall be blocked, if there is reason to believe that deletion would be detrimental to the person to whom the information relates. That the data are blocked means that they can only be dealt with in order to satisfy the order that prevented the thinning.



section 8 If a person denies that personal information in accordance with paragraph 6 of that


concerning him or her are correct and the accuracy cannot be determined, it shall be indicated by a specific piece of information or in any other way. Such a mark does not restrict the future processing of the data.



The selection may be removed by the controller only after consent of the task or by decision of the supervisory authority.



§ 9 data which has been registered under section 5 to screen two years after registration.



Supervision



§ 10 Data protection authority is the supervisory authority for personal data processing according to CBE-directive and shall on its own initiative or at the request of the data protection authority of another State to conduct checks of treatment. The results of such checks shall be kept for a period of eighteen months and then discarded.



section 11 of the Data protection authority, by an authority of another State, which has treated personal information derived from Sweden according to CBE-directive, request access to data on the exchange of data which have been recorded.



The Swedish data inspection Board may invite a data protection authority of another State to carry out the necessary inspections for the monitoring of the processing of personal data originating from Sweden and made according to the CBE.



The Swedish contact place shall, at the request of the Swedish Data Inspection Board inform if competent officials under section 2.



Appeal



section 12 of the 22 a of the Administrative Procedure Act (1986:223) provides for appeal to the administrative court. Other than the controller's decision in the case of rectification and the regulatory authority's decision under section 8 of the second paragraph may, however, not subject to appeal.



Additional regulations



section 13, the police authority may provide for the enforcement of the provisions on Exchange of information according to the CBE. If the provisions relating to the Transport Agency, it shall be given the opportunity to comment.



Chapter 7. Data Exchange according to the VIS Council decision



Search



section 1 of the authorities competent to request a search of the visa information system (VIS) under Chapter 9. section 1 of the Act (2017:496) for international police cooperation is the police, the security police, the Swedish national economic crimes Bureau in the police operations conducted at the Agency, the customs service and the coast guard.



The police authority is the central access point according to the VIS Council decision.



Only one or more designated units of the authorities referred to in the first subparagraph are competent to present a request for a search.



section 2 of the A lookup request from an authority referred to in article 1, first subparagraph shall be reasoned and in writing and submitted to the central access point. The central access point to verify that the conditions laid down in Chapter 9. section 1 of the Act (2017:496) for international police cooperation are met before making a search.



In urgent cases, a request for a search be made orally. The central access point, in such a case, do a search in the VIS without first checking that the conditions laid down in Chapter 9. section 1 of the Act on international police cooperation are met. In that case, the control should be carried out as soon as possible after the search.



section 3 of foreign authorities referred to in article 6 of the VIS Council decision is competent to request the consultation of the VIS pursuant to Chapter 9. section 1 of the Act (2017:496) for international police cooperation.



An authority referred to in article 1, first subparagraph and which receives a request for a search from a foreign authority shall forward the request to the central access point. The central access point, also in these cases, make sure that the conditions laid down in Chapter 9. section 1 of the Act on international police cooperation are met before making a search.



4 § the central access point should keep a list of the officials of the authority which is competent to conduct searches according to Chapter 9. section 1 of the Act (2017:496) for international police cooperation.



The central access point should keep a list of the entities referred to in paragraph 1, third subparagraph.



The authorities referred to in paragraph 1 first subparagraph shall keep a list of the officials of the respective authority empowered to request searches of the VIS.



Notification and information obligations



§ 5 the authority transfers or makes available personal data to the third country or an international organisation pursuant to Chapter 9. section 4 of the Act (2017:496) for international police cooperation shall notify the central access point for it. the central access point to register the transfer or disclosure.



section 6 of the personal data that has been retrieved from the VIS and entered in the system of another State, must not be disclosed to the data before the State which entered the data have been given the opportunity to state their position on disclosure.



section 7 If someone requests with an authority referred to in article 1, first paragraph, that incorrect information about him or her is corrected or unlawfully stored data relating to him or her to screen, the authority shall inform the visa authority of the State having entered the data in the system. The same applies if the authority otherwise, knowing that data processed in the VIS are inaccurate.



§ 8 The who requested an action under section 7 shall, within two months informed of the action taken in response to the request within three months will be informed of what has led to the request.



Registration obligation



§ 9 On consultation of the VIS, the central access point register



1. the purpose of the search and the type of offences,



2. the file number,



3. the date and time of access,



4. where the procedure laid down in section 2, second paragraph,



5. the data used in the search,



6. what search terms used at the time of the search, and



7. who requested the search and who performed it.



Registered data is personal data may be processed only for the purpose of monitoring the processing of personal data is lawful and to otherwise satisfy the protection of personal data.



Thinning



section 10 of the Data retrieved from the VIS and put into the system by another State to screen when the information is no longer needed for any of the purposes specified in Chapter 9. section 3 of the Act (2017:496) for international police cooperation.



section 11 of the data which has been registered under section 5 or 9 to screen one year after registration.



Supervision



section 12 of the Swedish Data Inspection Board is the supervisory authority for personal data processing according to the VIS Council decision.



Additional regulations




section 13, the police authority may provide for the enforcement of the provisions on Exchange of information under the VIS Council decision.



Chapter 8. The exchange of information under the agreement with the United States



Exchange of fingerprints



section 1 of the Swedish contact point to assist their own authority and other authorities referred to in the second subparagraph to seek information in American fingerprint register according to the conditions provided for in Chapter 10. section 2 of the Act (2017:496) for international police cooperation.



Authorities competent to request search is the police, the security police, the Swedish national economic crimes Bureau in the police operations conducted at the Agency, the customs service and the coast guard.



The police authority is the Swedish contact point under the agreement with the United States.



The exchange of additional information



section 2 If an American contact place after a search by 10. section 1 of the Act (2017:496) to apply for international police cooperation in the Swedish contact rather than on getting the other available personal data and additional information related to the fingerprint, the Swedish contact rather than disclose information to contact rather than only if there are conditions in accordance with Chapter 2. paragraph 15 police data Act (2010:361) and 33 to 35 of the Privacy Act (1998:204).



section 3 Of the Swedish contact rather than by a search under 10 Cape. section 2 of the Act (2017:496) of international police cooperation, noting that the mark applied for the fingerprint match with an imprint of a fingerprint register, can the authority requesting the search request to get the other available personal data and additional information related to the fingerprint.



The Swedish contact place shall forward the application to a contact point.



Spontaneous disclosure of information



section 4 of the Police, the security police, the Swedish national economic crimes Bureau in the police operations conducted at the Agency, the customs service and the coast guard may, in individual cases, without a specific request, disclose personal information to an American contact point under the agreement with the United States, where special circumstances give reason to believe that the person to whom the information relates will commit or has committed any offence for which it is prescribed according to Swedish law, jail for more than a year. If it is deemed necessary to prevent or detect such criminal activity or investigation of such crimes, including information other than personal information disclosed.



Information referred to in the first subparagraph may only be disclosed if the conditions referred to in Chapter 2. paragraph 15 police data Act (2010:361) and 33 to 35 of the Privacy Act (1998:204).



The Swedish contact rather than to communicate the information to the an American contact point.



Notification and information obligations



§ 5 If there are grounds to believe that personal data transmitted or received under the agreement with the United States are inaccurate or should not have been transmitted, it shall immediately inform the Swedish contact rather than a contact point about it.



section 6, at the request of a contact point to the Swedish contact rather than provide information on the processing of the information received and the results achieved.



Registration obligation



section 7 At the transmission and receipt of personal data under the terms of the agreement with the United States, the Swedish contact rather than register



1. information on the transmission or information received,



2. date of transmission or receipt, and



3. information on what other authorities which have received the data.



Deletion and lockout



8 § personal information transmitted from an American contact point under the agreement with the United States to screen if the information is inaccurate or should not have been sent or received. Incorrect information may instead be corrected.



Instead of screening personal data referred to in the first subparagraph, the data shall be blocked, if there is reason to believe that deletion would be detrimental to the person to whom the information relates. That the data are blocked means that they can only be dealt with in order to satisfy the order that prevented the thinning.



§ 9 the personal data transmitted and received properly to screen when the purpose of the transmission or vidarebehandlingen have been achieved or can no longer be achieved.



section 10 of the data which have been recorded under section 7 to screen two years after registration.



section 11 of the fingerprint as a contact point is used when it has sought or compared data in Swedish fingerprint register under Cape. section 1 of the Act (2017:496) for international police cooperation should be erased once the search has been answered or the comparison has been completed, if the information is not needed for registration under section 7.



Supervision



section 12 of the Swedish Data Inspection Board is the supervisory authority for personal data processing according to the agreement with the United States and must carry out checks on its own initiative of the treatment.



Additional regulations



section 13, the police authority may provide for the enforcement of the provisions on Exchange of information under the agreement with the United States.



Chapter 9. Data Exchange according to the Eurodac regulation



Search



section 1 of the Authorities which are competent to make requests under the Eurodac regulation on comparisons with Eurodac data by for law enforcement purposes is the police, the security police, the Swedish national economic crimes Bureau in the police operations conducted at the Agency, the customs service and the coast guard.



The police authority is the supervisory authority according to the Eurodac regulation.



Only one or more designated units of the authorities referred to in the first subparagraph are competent to present a request for comparison. Control authority shall keep a list of the devices.



Registration obligation



2 § At requests for comparisons with Eurodac data by going to the control authority shall register the particulars set out in article 36 of the Eurodac regulation.



Additional regulations



section 3 of the police authority may provide for the enforcement of the provisions of the Eurodac regulation on access to Eurodac data for law enforcement purposes.

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