Law (2012:278) For Collecting Data On Electronic Communications In Law Enforcement Intelligence Operations

Original Language Title: Lag (2012:278) om inhämtning av uppgifter om elektronisk kommunikation i de brottsbekämpande myndigheternas underrättelseverksamhet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:278

section 1 of the Police, the security police or customs and Excise may,

under the conditions set out in this law, in

intelligence activities in secret from the person under the Act

(2003:389) on electronic communications provides a

electronic communications network and/or an electronic

communication service to obtain data on



1. messages in an electronic communications network has

transferred to or from a telephone number or other

address,



2. the electronic communications equipment

been in a specific geographical area, or



3. in the geographical area a certain electronic

communications equipment is or has been.

Law (2014:654).



section 2 of the data may be retrieved if the circumstances are such that the



1. the action is of particular importance in order to prevent

or detect criminal activity involving the offences for

which is not prescribed more lenient penalty than imprisonment for two

years, and



2. the reasons for the measure outweigh the infringement or otherwise

that action means for the action is directed against or

for any other conflicting interests.



3 §/expire U:2017-01-01 by law (2012:279)./

Data may also, under the conditions set out in paragraph 2 of 2, is collected if the circumstances are such that the action is of particular importance in order to prevent, prevent or detect criminal activities involving 1. sabotage under Chapter 13. section 4 of the criminal code,



2. hijacking, maritime or aviation sabotage or airport sabotage under Chapter 13. 5 a of the first or second subparagraph or paragraph 5 (b) of the Penal Code, the offence

includes sabotage under the same chapter,



3. violation of civic freedom under Chapter 18. section 5 of the criminal code,



4. spying, rough mishandling of secret information or serious clandestine intelligence activities against Sweden, against a foreign power, or against the person under Chapter 19. 5 or section 8, section 10, second paragraph, paragraph 10 bis or paragraph 10 (b) of the criminal code, or 5. felony under the second subparagraph of paragraph 3 of the law (2002:444) if punishment for the financing of particularly serious crime in some cases or felony under section 6 of the Act (2010:299) of punishment for public provocation, recruitment and training

with respect to terrorist offences, and other particularly serious crime. Law (2014:387).



paragraph 4 of the decision on data collection are taken by the authority.

Government head may delegate the authority to make decisions about

collection to another Member of the staff of the authority who has the

special skills, training and experience needed.



The right to make decisions has been delegated to, may not

make decisions about the collection in such business operations as he

or she participates in.



paragraph 5 of the decision on data collection to the specified

the criminal activities and what time the order relates, and

which telephone number or other address, the electronic

communication equipment or the geographical area

the decision relates to. The time may not be determined for longer than necessary

and, when it comes time that is after the decision, not

exceed one month from the date of the decision.



If there are no more reasons for a decision on the acquisition of

tasks, the decision immediately lifted.



paragraph 6 of the Security and integrity protection shall be informed of

a decision on data collection under this Act.

The notification shall be submitted not later than one month after the matter

If the acquisition were completed.



section 7 if the data collection according to this law,

come information about other criminal activity than that

subject to the decision on the collection, the data may be used

in order to prevent crime.



§ 8 data which has arrived at the collection under this

teams may be used in an investigation only after authorisation

to covert surveillance of electronic communications. Without a

such permission may be sought data basis

for the decision to open a preliminary investigation.



§ 9 Records of data to be reviewed as soon as possible.



Records shall, in the parts they are of importance to

prevent, prevent or detect criminal activities

covered by the order for collection or to prevent

other crimes, are retained as long as is necessary for any of these

purposes. They should then be destroyed.



The second paragraph does not prevent law enforcement authorities

processes data from records in accordance with the

is specifically prescribed by law.