Regulation (2010:705) For International Police Cooperation

Original Language Title: Förordning (2010:705) om internationellt polisiärt samarbete

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:705

Chapter 1. General provisions



paragraph 1 of this regulation are regulations that connect to

Act (2000:343) for international police cooperation.

Concepts and terms used in the regulation has the same

meaning as in the Act. Regulation (2011:908).



Chapter 2. The Schengen cooperation and cooperation in the Öresund region



Schengen cooperation



section 1 of the Police, the security police or Coast Guard

shall consult with the Prosecutor or other

investigators before the authority makes a decision on

consent for cross-border surveillance into Sweden, where

There is an ongoing investigation in Sweden regarding the person

which are subject to monitoring.



The police, the security police or Coast Guard to

also consult the armed forces before it decides on

consent for cross-border supervision in accordance with paragraph 4 of

the first or second paragraph Act (2000:343) if

international police cooperation, if the foreign

officials are using Government ship or Government aircraft.

The corresponding obligation applies to the police before

decision on cross-border hot pursuit under paragraph 5 of the first

paragraph, the same team of foreign officials are using

Government vessels or State aircraft.



When Police or security service receives a

notification of cross-border supervision in accordance with article 4 of the third

law on international police cooperation or a

request for cross-border hot pursuit under paragraph 5 of the second

subparagraph, it shall immediately inform the

The armed forces of the foreign officials use the

Government vessels or State aircraft.



In access regulation (1992:118) provides for

conditions for access to the Swedish territory.

Regulation (2014:1180).



section 2 of The Swedish authority which is competent pursuant to section 15 of the Act

(2000:343) for international police cooperation may require

to foreign officials referred to in paragraphs 4 and 5 of the same law,

to account for what they have done during the mission. The authority may

also request that the foreign civil servants should appear

in person at the Agency.



Cooperation in the Öresund region



According to paragraph 3 of article 9 of law interventions (2000:343) if

international police cooperation to police the South region at the

The police are informed. A request for assistance as referred to in

paragraph 10 of the same law will also be asked to police the South region.

Regulation (2014:1180).



Chapter 3. Cooperation under the Prümrådsbeslutet



Information exchange at major events



Article 1 in accordance with Council decision 2008/615/JHA of 23 June

2008 on the stepping up of cross-border cooperation, in particular

in combating terrorism and cross-border

Crime (Prümrådsbeslutet), law enforcement,

Customs Service and the coast guard in connection with major events

with cross-border effects, at the request of an authority

in another State or on its own initiative, in order to

Prevention of criminal activity or maintain public

order and security, leaving out



1. data about a person, if the result of a judgment

become final or any other circumstance, there are reasons

to assume that the person will commit criminal offences at the event

or pose threats to public order and security

at this, or



2. data other than personal data which are deemed to be

necessary to prevent criminal activity or threat

against 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 at

information exchange at major events under

Prümrådsbeslutet. Regulation (2015:278).



2 § When the police, the Customs and Excise Department or Coast Guard in

connection with major events with a cross-border

effects of requesting information from an authority in another State

in accordance with Prümrådsbeslutet, the Swedish

contact rather than transmit the request to the contact place of the

other State. Regulation (2014:1180).



Assistance during major events, disasters and serious

accidents



section 3 at major events and similar major events,

disasters and serious accidents with cross-border

effects of the Police, the customs service and

The coast guard in order to prevent crime or

maintain public order and security, assist other States

According to Prümrådsbeslutet by taking the following steps:



1. notify the relevant authorities of another State if

the situation as soon as possible and convey the essential

information,



2. implement the necessary police measures in Swedish

territory, and



3. assisting another State with officials and necessary

equipment.



The police, the customs service and the coast guard decides

the assistance to be provided by the respective authority.



The police authority will be coordinating authority for

assistance, if it is not clear that any other agency

should be the Coordinator. Regulation (2014:1180).



4 § Assistance under section 3(1) shall be provided on request

by the State on whose territory the situation has arisen.

Assistance may be granted only if it is within the Agency's

responsibility and authority are able to provide the

requested assistance.



Swedish officials shall not be assigned to tasks involving

public authority when they serve in another State.



Exchange of DNA profiles, fingerprints and vehicle information



4 a of The Swedish contact rather than to assist the custom

authority and the authorities referred to in the second subparagraph of

to search for information in foreign DNA registry,

fingerprint register and vehicle register in accordance with the

conditions set out in paragraph 17, 19 or 21 §

Act (2000:343) for international police cooperation.



Authorities may request searches are



1. as set out in the provision of direct access in Chapter 4. 10 §

Police data Act (2010:361) regarding DNA registry,



2. as set out in the provision of direct access in Chapter 4. section 17

Police data Act regarding fingerprint register, and



3. The security police, the public prosecutor's Office, the Swedish national economic crimes Bureau

and Customs authority regarding vehicle registration.



The police authority is the Swedish contact point for the exchange of

DNA profiles, fingerprints and vehicle data according to

Prümrådsbeslutet. Regulation (2015:278).



4 b of the police service included such agreements on

Automatic comparisons listed in paragraph 16 and

the second subparagraph of section 17 of the Act (2000:343) for international police

cooperation. Regulation (2014:1180).



4 c § The Swedish contact shall keep a list of

the officials of the authority which is competent to make

searches and comparisons in accordance with 17, 19 or 21 of the Act

(2000:343) for international police cooperation.

Regulation (2011:908).



Screening, blocking and special education



Article 5 of personal data transmitted from another State

According to 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

been received properly to screen when the purpose of the transmission

have been achieved or can no longer be achieved. Information which has

transmitted from another State in connection with a larger

events with cross-border implications for screening last

one year of data was received.

Regulation (2011:908).



section 6 rather than to screen personal data under paragraph 5 shall

the data is blocked, if there is reason to believe that screening

would result in harm to the person to whom the information relates. To

the data are blocked means they only get treated

to meet the purpose for which prevented the thinning.



section 7 If a person denies that personal information in accordance with paragraph 5 of that

concerning him or her are correct and the accuracy of the

cannot be determined, this shall be indicated by a special

Enlightenment or in any other way. Such a selection

does not restrict the future processing of the data.



A mark within the meaning of the first subparagraph may be removed by the

controller only with the consent of the person

task tubes or by decision of the supervisory authority.



7 a of DNA profiles or fingerprints as a foreign

contact point has used when it sought or compared data

in Swedish DNA or fingerprint register under 16 or

section 18 of the Act (2000:343) for international police cooperation

will be erased when the search answered or comparison

been completed, if the information is not needed for registration under

9 a §. Regulation (2011:908).



Registration obligation



section 8 of the exchange of personal data in accordance with Prümrådsbeslutet shall

registered under section 9 or 9.



The recorded data may be processed only for the purpose of

monitor and respond to the protection of personal data

are exchanged. Regulation (2011:908).



§ 9 In the transmission and receipt of personal data according to

Prümrådsbeslutet, the Swedish contact place, unless otherwise

specified in paragraph 9 (a), the register



1. the reason that the data has been sent or taken

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 to which the data have

taken from. Regulation (2011:908).



9 a § At the transmission and receipt of information under 16 –


19 or 21 of the Act (2000:343) for 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 the comparison, and



5. name or designation of the bodies that are administering

database.



For searching or comparison with the support of 17, 19 or 21 §

law on international police cooperation in a register

of another State should contact rather than register

the information that has been used in the search, or

the comparison, the purpose of the measure and the official

decided that it would be carried out. Regulation (2011:908).



section 10 of the data which has been registered under section 9 or 9 shall

expires two years after registration. Regulation (2011:908).



Notification and information obligations



section 11 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 urgently notify contact rather than in the other

State accordingly.



section 12 at the request of contact rather than in a State which has sent

data according to the Prümrådsbeslutet, the Swedish

contact rather than inform about the processing of the received

the data and the results achieved, and if the competent

officials in accordance with section 4 (c).



At the request of an interested State's data protection authority, the

Swedish touch, without delay and at the latest within four

weeks, transmit the data that has been registered under 9

or 9 a § in response to a particular Exchange. The

Swedish contact place shall also inform if the competent

officials in accordance with section 4 (c). Regulation (2011:908).



Supervision



paragraph 13 of the Data protection authority is the regulator for the treatment

of personal data is carried out according to Prümrådsbeslutet and should

on his own initiative or at the request of a

data protection authority in another State check

the treatment. The results of such checks shall be kept in

eighteen months and then discarded.



section 14 of the Data protection authority, by an authority of another State, as

has treated personal information derived from Sweden under

Prümrådsbeslutet, request access to the information on

the exchange of information that has been recorded.



The Swedish data inspection Board may invite a data protection authority in another

State to carry out the necessary inspections for the control of

the processing of personal data originating from Sweden and

that is according to Prümrådsbeslutet.



The Swedish contact place shall, at the request of the Swedish Data Inspection Board

provide information on the competent officials under c §.

Regulation (2011:908).



Appeal



section 15 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. Other decisions

than the controller's decision in the case of rectification

and the regulatory authority's decision under the second subparagraph of paragraph 7

However, cannot be appealed. Regulation (2011:908).



Additional regulations



section 16 of the police authority may, after consultation with the customs service,

The coast guard and the Transportation Board, notify the

provisions necessary for the enforcement of the provisions

on cooperation, according to Prümrådsbeslutet. Regulation (2014:1180).



section 17 of the New designation section 16 of the Regulation (2011:908).



Chapter 4. Exchange of information according to the CBE-directive



Exchange of vehicle data



1 §/expires U: 2016-01-01/in accordance with European Parliament and Council directive

2011/82/EU of 25 October 2011 on the facilitation of a

cross-border information exchange on

offence (CBE), the

Swedish contact rather than assist the authority to

search information in the foreign vehicle registration under the

conditions set out in section 23 of the Act (2000:343) if

international police cooperation.



The police authority is the Swedish contact point according to

CBE-directive. Regulation (2015:278).



1 section/entry into force: 01/01/2016 in accordance with European Parliament and Council Directive (EU) 2015/413 dated 11 March 2015 on facilitation of cross-border exchange of offence (CBE), in the original wording, the Swedish contact rather than assist the authority to seek information in the foreign vehicle register in accordance with the conditions set out in section 23 of the Act (2000:343) for international police cooperation.



The police authority is the Swedish contact point according to the CBE. Regulation (2015:782).



section 2 of The Swedish contact shall keep a list of

the officials of the authority which is competent to make

searches under section 23 of the Act (2000:343) for international

police cooperation. Regulation (2014:127).



Screening, blocking and special education



paragraph 3 of the rules on screening, blocking and special

information in Chapter 3. 5-7 section shall also apply to

personal data transmitted from another State pursuant to

CBE-directive. Regulation (2014:127).



Registration obligation



4 section At the transmission and receipt of information under section 23 of the

Act (2000:343) for international police cooperation should

the Swedish contact rather than record such information as

specified in Chapter 3. 9 a §. The data to screen two years after

the registration.



The recorded data may be processed only for the purpose of

monitor and respond to the protection of personal data

are exchanged. Regulation (2014:127).



Notification and information obligations



5 § The Swedish contact is at the Exchange

According to CBE-the directive corresponding notification and

information obligation that follows from the provisions of Chapter 3.

sections 11 and 12. With competent officials referred to officials under

2 §. Regulation (2014:127).



Supervision



section 6 of the Regulations of the Swedish Data Inspection Board's oversight in Chapter 3. 13

and 14 sections should also apply to the processing of personal data

exchanged according to the CBE. With competent officials

pursuant to article 2 of the mentioned officials. Regulation (2014:127).



Appeal



section 7 of the 22 a of the Administrative Procedure Act (1986:223) contains provisions

If an appeal to the administrative court. Other decisions

than the controller's decision in the case of rectification

and the supervisory authority's decision under Chapter 3. section 7 other

subparagraph may not, however, be appealed. Regulation (2014:127).



Additional regulations



section 8 of the police authority may, after consultation with the

The Swedish Transport Agency, notify the regulations needed

enforcement of the provisions on Exchange of information under

CBE-directive. Regulation (2014:1180).



Chapter 5. Access to data according to the VIS Council decision



Search



section 1 of the authorities competent to request search in

the visa information system (VIS) in accordance with section 24

Act (2000:343) for international police cooperation is

Police, security police, economic crime authority when

It carries out policing activities, 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 at the

authorities referred to in the first subparagraph shall be competent to

submit a request for a search. Regulation (2015:278).



section 2 of the A lookup request from an authority referred to in paragraph 1

the first subparagraph shall be reasoned and in writing and filed

to the central access point. The central access point

shall verify that the conditions set out in section 24 of the Act

(2000:343) for international police cooperation is

met before the search.



In urgent cases, a request for a search to be produced

by word of mouth. The central access point, in such a case

do a search in the VIS without first checking that the

conditions set out in section 24 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. Regulation (2015:278).



section 3 of foreign authorities referred to in article 6 of

The vis Council decision is competent to request the consultation of the VIS in

accordance with section 24 of the Act (2000:343) for international

police cooperation.



An authority referred to in article 1, first subparagraph and which have taken

against a lookup request from a foreign authority shall

forward the request to the central access point. The

Central access point, also in these cases, check the

to the conditions set out in section 24 of the Act on international

police cooperation is in place before the search.

Regulation (2015:278).



4 § the central access point to keep a

the list of officers at the Agency which is

competent to conduct searches pursuant to section 24 of the Act (2000:343) if

international police cooperation.



The central access point should keep a list

of devices referred to in paragraph 1, third subparagraph.



The authorities referred to in article 1, first paragraph, the current

keep a list of the officials of the respective

authority which is competent to request searches of the VIS.

Regulation (2015:278).



Registration obligation



§ 5 when searching, 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

addressed only to monitor the treatment of

personal data is lawful and to otherwise satisfy

the protection of personal data. Regulation (2015:278).



Notification and information obligations



section 6 of the authority transfers or makes available

personal data of third country or an international

Organization in accordance with the second subparagraph of section 27 of the Act (2000:343) if

international police cooperation shall notify the

Central access point on this. The central access point

shall register the transfer or disclosure.

Regulation (2015:278).



section 7 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

the data relating to before the State which entered the data have

been given the opportunity to state their attitude to

the disclosure. Regulation (2015:278).



section 8 If someone requests with an authority referred to in article 1, first

the paragraph that incorrect information about him or her will

corrected or unlawfully stored data relating to him or

her to screen, the authority shall inform the

the visa authority of the State having entered the data in the

the system. The same applies if the authority otherwise may

knowing that data processed in the VIS are inaccurate.

Regulation (2015:278).



§ 9 The requesting a measure under section 8 shall, within two

months are informed of the action taken by

reason of request and within three months will be informed of what

the request has led to. Regulation (2015:278).



Thinning



section 10 of the Data retrieved from the VIS and who have been

in the system of another State to screen when data are not

longer needed for any of the purposes set out in section 26 of the Act

(2000:343) for international police cooperation.

Regulation (2015:278).



section 11 of the data which have been recorded pursuant to paragraphs 5 and 6 shall

expires one year after registration. Regulation (2015:278).



Supervision



section 12 of the Swedish Data Inspection Board is the regulator for the treatment

of personal data is carried out according to the VIS Council decision.

Regulation (2015:278).



Additional regulations



section 13, the police authority may provide for

the enforcement of the provisions on access to information

According to the VIS Council decision. Regulation (2015:278).



Chapter 6. Access to data according to the Eurodac regulation



The Eurodac regulation



section 1 of the 2-4 § § provides for access to information in the

Eurodac for law enforcement purposes as Supplement

European Parliament and Council Regulation (EC) no 603/2013 of

on June 26, 2013, concerning the establishment of ' Eurodac ' for the comparison of

fingerprints for the effective application of the Regulation (EU)

No 604/2013 establishing the criteria and mechanisms for determining the

Member State responsible for examining an application for

by a third-country national or a

stateless person in any Member State and when

Member States ' law enforcement authorities request

for comparison with Eurodac data by law enforcement

purposes, as well as amending Regulation (EU) no 1077/2011 on

establishing a European Agency for the operational

management of large-scale it systems in the area of freedom,

Security and justice (recast), in the original

wording (the Eurodac Regulation). Regulation (2015:278).



Search



section 2 of the Authorities which are competent to make representations about the

comparisons with Eurodac data by for law enforcement purposes

in accordance with the provisions of the Eurodac regulation is law enforcement,

The security police, economic crime authority when it conducts

policing activities, the customs service and the coast guard.



The police authority is the supervisory authority in accordance with

The Eurodac regulation.



Only one or more designated units at the

authorities referred to in the first subparagraph shall be competent to

submit a request for comparison. Control authority shall

keep a list of the devices.

Regulation (2015:278).



Registration obligation



3 § At requests for comparisons with Eurodac data by

the inspection authority shall register the information shown

of article 36 of the Eurodac regulation. Regulation (2015:278).



Additional regulations



section 4 of the police authorities may provide for

the enforcement of the provisions of the Eurodac regulation, if

access to data in Eurodac for law enforcement

purposes. Regulation (2015:278).