Camera Monitoring Team (2013:460)

Original Language Title: Kameraövervakningslag (2013:460)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:460

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.