The purpose of the Act
§ 1 the aim of the Act is to address the need for
camera surveillance for legitimate purposes while at the same time
individuals are protected against undue intrusion into the personal
integrity.
Definitions
section 2 of this Act, the following words and expressions with below
the specified importance.
Camera monitoring the use of
surveillance equipment.
Surveillance equipment security cameras, and other
surveillance equipment.
Surveillance cameras, TV cameras, other
optical-electronic instruments
and comparable
appliances that are designed so
they, without having to be operated on
the site, can be used for
personövervakning and separate
technical devices for
interception or recording of
sound which in connection with
the use of such equipment
used for personövervakning.
Other surveillance equipment Separate technical devices
to treat busy image-
and audio material.
Third country, A State that is neither included in the
The European Union, or is
connected to the European
economic area.
Processing any operation or set of
measures at
video surveillance taken in respect
If picture and sound material, either
It takes place on the auto road
or not, eg. sequestration,
Organization, storage,
adaptation or alteration,
use, disclosure by
transmission, dissemination or
otherwise making available,
compilation or
interconnection, erasure or
destruction.
Bank premises and the premises of the
credit market undertaking a local where it mainly
conducted business under the Act
(2004:297) on banking and
financing business.
A local post office where it mainly
operations are conducted in the
includes postal activities under
Postal Act (2010:1045).
A local store where consumers can
purchase goods or services or
renting goods, however, are not
restaurants and other
like restaurants.
Metro station in an area where there is
underground operations and required
travel pass for staying.
Consent any freely
specific and unambiguous
indication of his wishes by which any
After receiving information
accept to be CCTV monitored
or to the image and
audio material is transferred to
third country.
Personal data is All kinds of information that directly
or indirectly attributable to the
a natural person who is alive.
Scope of application
section 3 of the Act applies when
1. camera surveillance with surveillance cameras that are
set in Sweden, if the monitoring is
established in Sweden or in a third country, and
2. treatment of picture and sound material taken up by
monitoring referred to in paragraph 1, if the processing is carried out by the
conduct monitoring or on his or her behalf.
If the monitoring is established in a third country
He or she shall designate a representative for themselves
established in Sweden. The indications referred to in this law if the
conducting video surveillance should also apply to
the representative.
section 4 of the Act does not apply to secret surveillance according to
27 Cape. the code of judicial procedure or law (2007:979) on measures
in order to prevent certain particularly serious offences.
Law (2014:1425).
section 5 of the Act does not apply to the surveillance of a location where
the public does not have access, if the monitoring is conducted by
a natural person as part of a purely personal
nature.
section 6 of the Act applies instead of the personal data Act
(1998:204).
General requirements
section 7 camera surveillance should be conducted legally, according to good practice
and with due regard for the individual's personal
integrity.
Video surveillance of a location to which the public has access
Condition
section 8 authorization for video surveillance is required to a
security cameras will be set up so that it can be directed
at a place where the public has access. Permit needed
not, however, in the cases referred to in paragraphs 10 to 15. Camera surveillance
referred to in §§ 12-15 is allowed after notification.
section 9 permits to camera surveillance should be given if the interest of the
such surveillance outweigh the individual's interest in
not to be monitored.
In assessing the importance of video surveillance, the
Special consideration shall be given to whether the monitoring required to prevent,
detection or investigation of criminal offences, to prevent accidents or other
Thus the equivalent purpose.
In the assessment of the individual's interest in not being
monitored particular taken into account how the monitoring should
be carried out, if technology that promotes the protection of the individual's
personal information is used and what area to be
monitored.
Exemption from permit requirement
section 10 Permit to camera surveillance is not required
1. for the monitoring that is done with a surveillance camera for
safety of traffic or work environment is set up on a
vehicles, machinery or the like to improve visibility for
the driver or user,
2. for the monitoring conducted by the Transport Department
(a)) in the form of road traffic monitoring,
(b)) at a toll booth referred to in the annexes to the law
(2004:629) if congestion charges and who happens to collect
only data necessary for the decision on the congestion charge
to be made and to make sure that such tax
paid, or
c) at a toll booth on a public road that is used at the outlet of
infrastructure charges according to the law (2014:52) of
infrastructure charges on their way and that is made to collect
only data necessary for the decision on the
infrastructure charge shall be taken and to check
that such a fee is paid,
3. upon such traffic in a road tunnel as referred to in
the Act (2006:418) concerning safety in road tunnels and conducted by
another tunnel holder than the DMV,
4. for monitoring Police conduct at
automatic speed enforcement,
5. for the monitoring that is done to protect a building, a
other facility or an area that is under 4, 5 § 1-4
or section 6 of the first paragraph Protection Act (2010:305) has
declared object of protection, if monitoring only
include the object of protection, or an area in its immediate
proximity,
6. in monitoring the military conducts from vehicles,
vessel or aircraft as part of a military operation or
military exercise or needed to try equipment for
such monitoring, or
7. in the case of surveillance in a casino referred to in Casino law
(1999:355), if monitoring is intended to prevent,
detection or investigation of criminal offences, or resolve disputes about games between
players and the organiser of the game.
The derogation from the permit requirement in first paragraph 5 applies
not for such buildings, other structures and areas that
used or intended for peacetime crisis management
According to the 4 § 4 Protection Act.
When monitoring referred to in the first subparagraph 7 should not intercept
or the fixation of sound be made without permission. Law (2014:634).
Temporary exemptions from the permit requirement
11 § camera surveillance may take place in the following cases for a maximum of one
month without permit application has been made:
1. the monitoring carried out by the police or the like
is the incident commander under the Act (2003:778) concerning the protection of
accidents, if monitoring is essential in order to avert a
-threatening accident or to limit the effects of a
incident,
2. the monitoring carried out by the incident commander
According to the law on protection against accidents, if monitoring is of
to search for a missing person, and
3. the monitoring carried out by the police authority or
The security police, if there is a risk of a specific reason for
to serious crime which means danger for life or
health and the extensive destruction of property will
be exercised in a particular location, and the purpose of surveillance is to
prevent or to prevent crime.
Where the application for authorisation is made within one month from the
monitoring begins, the surveillance conducted without
State until the application has been examined.
Law (2014:634).
Camera surveillance after notification
section 12 of a surveillance camera, after notification be set up
camera surveillance
1. in a bank branch, a branch of a credit market company
or a post office, or in the area immediately outside the in-
and exits to such premises, or
2. at ATMs or similar devices.
The first subparagraph applies only if
1. surveillance has for only purpose to prevent, uncover
or investigation of criminal offences, and
2. CCTV camera is mounted and equipped with fixed
optics.
Interception or recording of audio may be made only after a
device for interception or recording of audio enabled
because of suspicion of crime.
section 13 a surveillance camera may, after notification be set up
camera surveillance in a shop premises, if
1. surveillance has for only purpose to prevent, uncover
or investigation of criminal offences;
2. CCTV camera is mounted and equipped with fixed
optics, and
3. a person who intends to conduct the surveillance has entered into a
written agreement on the monitoring of the safety representative,
Safety Committee or an organization representing the
employees in the workplace.
The first paragraph also applies in the case of a surface in a shop premises
carrying out banking activities through agents or
postal activity.
Camera monitoring referred to in the first subparagraph may not relate to
dressing room, sample cabins, toilet facilities or similar
areas.
Interception or recording of audio may not occur without
State.
paragraph 14 of a surveillance camera, after notification be set up
camera surveillance in a subway car or a
Metro station, on
1. surveillance has for only purpose to prevent, uncover
or investigate crimes, prevent accidents or limit
the effects of an accident, and
2. CCTV camera is mounted and equipped with fixed
optics.
Interception or recording of audio may not occur without
State.
section 15 of a surveillance camera, after notification be set up
camera surveillance in a parking garage on the monitoring has
the sole purpose of the prevention, detection or investigation of criminal offences.
Interception or recording of audio may not occur without
State.
Application for permit
section 16 of the application for authorization to camera surveillance under 8
section shall be made in writing with the County Administrative Board in the county where the
monitoring should take place.
About camera surveillance should be carried out in several counties with a
surveillance camera that is posted on or in a vehicle,
vessels or aircraft, the application for authorisation shall be made in
the County Administrative Board in the county where the monitoring is primarily to
take place. If it is not possible to determine in which County monitoring
essentially, the application shall be filed with the County Administrative Board in
one of the affected counties.
section 17 of an application for authorisation to camera surveillance under 8
§ should contain information on and description of
1. the program will conduct surveillance and
cases, the program must have hand on the monitoring of
the licensee's behalf,
2. the purposes of surveillance,
3. the equipment shall be used,
4. the place where the equipment is to be placed and the area
can be monitored, and
5. the circumstances in General which is of importance for
the trial of the case.
If monitoring refers to a work place, an opinion from the
protection officer, safety Committee or an organization
representing the employees in the workplace are submitted
together with the application.
Opinion of the municipality
section 18 Before the County Board decides on the authorization to
camera surveillance, the municipality where take place get
opportunity to be heard if it is unnecessary.
Decision authorising the
section 19 of the decision authorizing the kameraövervaka to unite
with conditions about how camera monitoring get organized. Such
terms shall refer to the monitoring purpose, the equipment
may be used and the area must be monitored.
The County Board shall also decide on other terms
needed for the authorization. Such conditions may relate to information
on the monitoring, fixation, use, preservation or
other treatment of images, the interception or recording of
audio as well as other matters appropriate to protect
individuals ' privacy.
A permit may be notified for a limited time.
section 20 Of the conditions of a state changes,
the County Administrative Board to decide on new conditions or, if
the conditions for authorisation are no longer met,
revoke the authorization. The County Board may in corresponding cases
amend or withdraw the decision to grant a derogation from the
prescribed under section 27, third paragraph.
Notification
section 21 notice of camera surveillance in accordance with paragraphs 12 and 15 shall
be made in writing with the County Administrative Board in the county where the
camera surveillance should occur.
In a complaint about video surveillance shall identify
1. who should conduct surveillance and
case who should be in charge of the monitoring of the complainant's
sheet,
2. what kind of activities as monitoring should occur
in,
3. If the pictures will be recorded and retained or, in the case
referred to in section 12, sound intercepted and taken up,
4. what categories of executives who should have
access to the preserved material, and
5. If the area immediately outside the in-and outputs as well as
cash machines or similar devices should be monitored in
accordance with the provisions of section 12.
If the conditions have been reported in a notification under
the second subparagraph is amended, the County Administrative Board in writing
be notified of the change.
Video surveillance of a location to which the public does not have
access
section 22 video surveillance of a location to which the public does not have
access may be carried out if the monitor has agreed
to the monitoring.
The monitored has the right to withdraw
the consent. Additional monitoring by him or her,
then do not take place.
section 23 of the video surveillance of a location to which the public does not have
access may be carried out without the consent of
1. supervision is needed to prevent, detect or
investigation of criminal offences, to prevent accidents or other eligible
purposes, and
2. monitoring the interest outweighs the individual's
interest not to be monitored, with particular regard to
how monitoring should be performed, if technologies that promote the protection
of the individual's personal integrity is used and which
area to be monitored.
section 24 the operator of video surveillance of a location where
the public does not have access shall ensure that:
1. monitoring shall be carried out only for specific and legitimate
purposes,
2. the objectives of the monitoring are documented, and
3. monitoring does not take place in a wider scope than what
needed to meet the objectives of the monitoring.
Disclosure
25 § disclosure of camera surveillance should be provided through clear
signs or any other active way. Enlightenment,
also be given on who conducts supervision if this is not
is clear from the conditions of the site.
If audio can be listened to or taken up by monitoring should
particular this is disclosed.
The disclosure obligation arises when monitoring equipment
is put up.
section 26 of the camera monitoring shall disclose:
for the purposes of monitoring, if the monitored or the
that may be monitored.
paragraph 27 of the Report referred to in paragraphs 25 and 26 need not be given at the
1. monitoring Police conduct during automatic
speed enforcement,
2. monitoring is carried out to protect a building, another
facility or an area that is under 4, 5 § 1 – 4 or
first subparagraph of paragraph 6 of the Act (2010:305) has been declared to be
Protection object, if the object of monitoring covers only
or an area in its immediate vicinity,
3. monitoring the military conducts from vehicles,
vessel or aircraft as part of a military operation or
military exercise or needed to try equipment for
such monitoring, or
4. surveillance undertaken by the incident commander
under the Act (2003:778) for protection against accidents, if
monitoring is important to search for a missing
person.
Exemption from disclosure obligations in the first paragraph 2 applies
not for such buildings, other structures or areas
used or intended for peacetime crisis management
According to the 4 § 4 Protection Act.
If there are serious reasons, the County Board shall decide on
exemptions from disclosure obligations in cases other than those referred
in the first paragraph. An application for exemption shall be in writing.
In such cases, apply the second subparagraph of section 17 and section 19, if
monitoring equipment shall be directed to a location where
the public has access. A decision on the derogation shall be reconciled
with the conditions that are needed.
The exceptions from disclosure obligations referred to in the first and
third subparagraphs shall not apply where the sound should be intercepted or taken
up in the monitoring. Law (2014:634).
Treatment of Visual and audio material from camera surveillance
Further processing
section 28 of the surveillance must not treat
picture and sound material from monitoring for any purpose
that is incompatible with that which it was collected for.
Access to material from camera surveillance
29 § access to picture and sound material from
camera surveillance must not be given to more people than
needed for the monitoring to be carried out.
Security
section 30 of the camera monitoring shall take appropriate
technical and organisational measures to protect the
busy picture and sound material. Measures to achieve
a level of safety which is adequate having regard to the
1. the technical possibilities available,
2. what it would cost to implement the measures,
3. the specific risks associated with the treatment of
the material, and
4. how sensitive material is.
If it engaged in monitoring hiring someone else to have
care of monitoring he or she shall ensure that the
It involved can implement the security measures to be
taken and ensure that measures are taken.
section 31 of The who on behalf of someone else is responsible for
camera surveillance may carry out surveillance only in
accordance with the instructions of the operator
camera surveillance.
There should be a written agreement between the
-surveillance and the monitoring of
his or her behalf. The agreement shall in particular
provision should be made for the monitoring, perform
camera surveillance only in accordance with instructions from the
the operator of camera surveillance and that he or she is
required to take the measures set out in section 30 of the first
paragraph.
If, in the law, there are special
provisions concerning the processing of personal data in the public
activities in matters referred to in the first subparagraph, shall instead
the provisions apply.
Conservation of material from camera surveillance
§ 32 or sound material taken from video surveillance of a
place to which the public has access shall be kept for a maximum of
two months, unless the County Board decides on a longer
retention time.
Visual and audio materials from surveillance of a location where
the public does not have access shall not be kept for longer
time than is necessary having regard to the purposes of the
monitoring.
When a picture or audio material from camera surveillance is not
longer be preserved, it must immediately be destroyed.
section 33 if the image or audio material from camera surveillance
used in any other activities of the operator
camera surveillance shall apply, instead of 32 §,
the regulation of the personal data Act (1998:204), or other
statutes that apply to the processing of personal data in
the business.
Transmission of video and audio materials to third countries
34 § It is forbidden to third countries transferring picture and
audio material from camera surveillance that includes
personal data if the country does not have an adequate level of
protection of personal data.
The question of the level of protection is adequate must be assessed by reference
to all the circumstances relating to the
the transfer. Special attention to the nature,
purposes of the processing, how long treatment should last,
the country of origin, the country of final destination and the rules
available for processing in a third country.
35 § after the prohibition in § 34 shall be permitted to transfer
picture and sound material to a third country, if the monitored has
given his consent to the transfer or if the transfer
is necessary to
1. an agreement between the managed and the operator
camera surveillance should be carried out or measures
the monitored requested to be taken before an agreement
concluded,
2. such an agreement between the
camera surveillance and a third party that are in the monitored
interest shall be concluded or performed,
3. legal claims can be established, be relied
or defended, or
4. the vital interests of the monitored should be protected.
It is also allowed to transfer picture and sound material
for use only in a State that has acceded to the
The Council of Europe Convention on the protection of individuals with regard to automatic
data processing of personal data.
section 36 Regulations and decisions on exemptions from the prohibition on
transfer of personal data to a third country which has been granted
with the support of 35 § personal data Act (1998:204) shall apply
also for the purposes of this Act.
Confidentiality and disclosure of information
37 § the position with a task that has been obtained
by video surveillance must not improperly disclose or
take advantage of what he or she has been told about
any individual's personal circumstances. In the public
activities, rather than the provisions of the public access to information and
secrecy (2009:400).
Supervision
Centrally responsible for supervision
38 section the authority that the Government has the key
responsibility for supervision according to this law.
Regulators
39 § länsstyrelsen supervises camera surveillance of
places to which the public has access. The County Board shall
also ensure that the authorisation and notification requirements for
targeted surveillance cameras that are not in use
are followed.
section 40 of the authority the Government supervising
over camera surveillance of the sites to which the public does not have
access.
Injunctive relief
41 § the regulatory authorities referred to in paragraphs 39 and 40, in
the framework of its supervisory activities inform the injunctions
needed to this law, the rules given in
connection to the law and the decisions that have been issued with
the support of the law should be followed.
42 § a decision notice under section 41 may be subject to
liquidated damages.
Access and information
43 § the regulatory authorities referred to in paragraphs 39 and 40 have the right
that oversight access to control rooms and other
parts of a monitoring facility. The police authority is
obliged to, on request, provide the assistance that these
authorities need to get access.
The operator of camera surveillance, or for any
third parties dealing with monitoring, the
information which the supervisory authority requests.
The supervisory authority has the right to access and to
review saved video or audio material.
Damages
44 § the operator of camera surveillance is to replace the
monitored for damage and violation of personal
integrity that camera surveillance in violation of this law,
caused.
Liability, to the extent that it is reasonable
be adjusted, if the person has conducted monitoring indicates that the error
was not due to him or her.
Punishment etc.
45 section to fine or imprisonment not exceeding one year are judged on that
intentionally or negligently violates any of
the provisions of the
1. section 8 of licence,
2. paragraphs 12-15 of obligatory declaration,
3. section 25 of disclosure,
4. paragraph 32 of the retention time, and
5. section 34 on transfer to third countries.
The same applies to those who violate the terms of decisions
issued under section 19 or 20.
In minor cases, it should not be responsible.
For an offence which is subject to a penalty payment mechanism, it should
not be responsible.
46 § surveillance equipment that has been used in a crime under
This law shall be declared forfeited, unless it is unreasonable.
Appeal, etc.
47 § Decision under this Act of the authorities
referred to in paragraphs 39 and 40 may be appealed to the General
Administrative Court.
The authority that the Government may appeal against a
decisions about camera surveillance of a location to which the public has
access to the public interests.
Decision concerning authorization for video surveillance and derogating
According to section 27, third paragraph from the disclosure obligations may
be challenged even by the municipality where the monitoring is to occur, and,
If surveillance is directed to a place of work, by a
organization representing the employees in the workplace.
Leave to appeal is required for an appeal to the administrative court.
48 § the regulatory authorities referred to in paragraphs 39 and 40,
determine that their decision to take effect immediately.
49 § Government or authority the Government determines
may provide for fees for an application or
notification under this law shall be dealt with by
the County Administrative Board.
Transitional provisions
2013:460
1. this law shall enter into force on July 1, 2013, when the law
(1998:150) on general video surveillance shall cease to
apply.
2. Older regulations still apply to the appeal of the
decision given before 1 July 2013.
3. Decision on the condition or conditions, for derogations from the
the disclosure obligation or if the retention time given
with the support of the repealed Act shall be considered to be announced with the support
by the new law. A notification under the repealed Act, the
be deemed to be a notification pursuant to the new law.
4. an application for a licence in a case of
camera surveillance initiated under the repealed Act
to be considered as a notification in accordance with the new law in those parts that
the application relates to camera surveillance which is notifiable
According to this law.
