Law (2016:319) On The Protection Of Geographic Information

Original Language Title: Lag (2016:319) om skydd för geografisk information

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:319

/Entry into force: 2016-05-01/

The law's aim and purpose



section 1 of this Act contains provisions for the protection of data of importance to total defence.



The law contains provisions limiting the right to



1. hydrographic survey,



2. photography or similar registration from the aircraft, and



3. dissemination of a summary of geographical information.



Expression in law



section 2 of this Act means



1. geographic information: State specific information about conditions on and under the ground surface as well as on and under the sea and the seabed,



2. hydrographic survey: recording on a durable way of geographic information in a certain water area or a given stretch of a body of water,



3. photography or similar registration: all forms of images or measurements, and



4. compilation of geographic information: spatial information in terms of image, description or measurement.



Hydrographic survey



paragraph 3 of the Survey may not be performed within Sweden's territorial waters, with the exception of lakes, rivers and canals. The Government or the authority that the Government may be in individual cases to decide on State. Authorisation shall be granted if the sjömätningen cannot be presumed to cause injury to national defence.

The decision on authorisation may contain conditions that the geographic information may only be used for a particular purpose or for compliance with special security measures.



In addition to what is stated in the first paragraph are not necessary conditions for



1. call the survey vessel, or



2. hydrographic survey conducted in a public harbour by the person responsible for the port.



The Government or the authority that the Government may announce further provisions on exemptions from the authorisation requirement.



4 § sjömätnings Exemption from the requirement of authorisation pursuant to paragraph 3 of the second paragraph 2 and detailed rules relating to the derogations granted pursuant to paragraph 3 of the third subparagraph shall not apply when there is preparedness or during other time Government decides in the light of Sweden's defence preparedness.



paragraph 5 of The decision on sjömätnings condition may be repealed or amended when there is preparedness, or during any other time that the Government decides in the light of Sweden's defence preparedness.



Photography or similar registration from aircraft



6 § When there is preparedness, or during any other time that the Government decides in the light of Sweden's defence preparedness, shooting or similar registration from aircraft not be performed within or of such restricted zones as determined by the Government according to Chapter 1. 8 the first sentence of the Civil Aviation Act (2010:500). The Government or the authority that the Government may be in individual cases to decide on State.



Authorisation shall be granted if the shoot or the registration is not likely to cause injury to national defence. The decision on authorisation may contain conditions that the geographic information may only be used for a particular purpose or for compliance with special security measures.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide that certain government agencies shall be exempt from the authorisation requirement.



section 7 Is Sweden in war or war danger or there is such extraordinary conditions arising out of war or danger of war that remained in Sweden, the Government may provide for that what is said about the conditions in paragraph 6 shall apply to photography or similar registration from the aircraft while in or out of areas other than restricted zones, if necessary for the protection of the armed forces.



section 8 masters of aircraft shall ensure that shooting or similar registration from aircraft not operated in contravention of section 6, or regulations issued pursuant to section 7.



Dissemination



§ 9 subject to section 10 or 11, it is prohibited to disseminate a compilation of geographic information 1. If the conditions in a certain area or a certain distance of a body of water which refers to Sweden's territorial waters, with the exception of lakes, rivers and canals, or



2. over other parts of Swedish territory, if the information has been obtained from the aircraft through photography or similar registration.



The Government or the authority that the Government may decide in individual cases for permission to spread under the first subparagraph.



Authorisation shall be granted if the spread is not likely to cause injury to national defence. The decision on authorisation may contain conditions that the geographic information may only be used for a particular purpose or for compliance with special security measures. After the consent of the applicant for authorisation may be made by the Government retuscheringsåtgärder in the compendium or the authority, as the Government decides, if necessary, to be able to announce a State.



section 10 provisions of section 9 do not apply to



1. a compilation of geographical information produced only with the help of remote sensing from satellite, or



2. a compilation of geographical information produced within the framework of certain international commitments.

The Government may provide for the international commitments referred to.



section 11 of the Government or the authority that the Government may provide for exemption from licensing pursuant to section 9.



Responsibility



section 12 of The who intentionally or negligently performing the survey vessel in contravention of section 3, perform photography or similar registration from aircraft in contravention of section 6, first paragraph, or regulations under section 7, or distributes a compilation of geographical information in contravention of section 9, shall be liable to a fine or imprisonment of up to one year, if the Act is not subject to the same or stricter penalties under the criminal code.



In minor cases, it should not be responsible.



Confiscation and other measures



section 13 unless it is manifestly unreasonable, the following property is declared forfeited:



1. images, descriptions and measurement data as the result of any breach of section 3 or 6 or against regulations issued pursuant to section 7, 2. compilations of geographic information that propagates through violation of section 9, and



3. property used as means for offences under this Act.



In chapter 36. 5 and 5 (b) of the Penal Code contains provisions on confiscation and with whom may be made on the special right to forfeit property.



section 14 if someone is caught red-handed when he or she commits offences against section 3, a coast guard official take seized property pursuant to section 13 can be assumed to be forfeited or which are likely to be relevant to the investigation of the crime. The property has been seized, the notification about this promptly made to the police or the public prosecutor. Anyone who has received such a notification shall take the same measures if he or she herself had made the seizure.



Monitoring



section 15 paragraph 1 of the Act (1982:395) if the Coast Guard's participation in police monitoring provides for supervision in the field of hydrographic survey.



Appeal



16 § investment decisions made under this Act may be appealed to the administrative court. If the decision means rejecting a State Government application, it must instead be appealed to the Government.



Leave to appeal is required for an appeal to the administrative court.



Transitional provisions



2016:319



1. this law shall enter into force on 1 June 2015.



2. by law repeals Act (1993:1742) on protection of the provincial information.



3. Conditions imposed under the old law still applies if the conditions required under the new law.



4. the exemption decision issued pursuant to section 6 of the third paragraph of the old law is valid until one year after the entry into force of the new law. During this period, the old law for these exceptions.