General provisions
The scope of the law
section 1 of this Act apply to police cooperation between
Sweden and other Member States of the European Union and
Iceland, Norway, Switzerland and Liechtenstein, in the
extent Sweden in an international agreement
have made such commitments referred to in this law.
The provisions of paragraphs (3) and 3 (a) applies also in relation
to the States, other than those referred to in the first subparagraph.
Law (2011:1207).
Relationship with other provisions of
personal data processing
1 a of the Police data Act (2010:361) applies to police treatment
of personal data for international police cooperation, if
subject to the provisions of this Act or regulations
the Government has announced in this connection.
Act (2005:787) on the processing of data in the customs
law enforcement activities applies to the Swedish Customs ' treatment
of personal data for international police cooperation, if
subject to the provisions of this Act or regulations
the Government has announced in this connection.
Coast Guard data law (2012:145) apply to coast guard
the processing of personal data by the international police
partnership, unless otherwise provided by this Act or the regulations
the Government has announced in this connection.
Law (2012:148).
1 b/expires U: 2016-01-01/in law (2013:329) with certain rules relating to the protection of
personal data in police and judicial
cooperation in the European Union, and in the regulations
the Government has announced in adherence to the law, are
the specific provisions on the processing of personal data
as in the framework of police or judicial
cooperation has been transferred from or made available by
1. a State which is a member of the European Union (EU),
2. Iceland, Norway, Switzerland or Liechtenstein,
3. an EU agency, or
4. an EU information systems.
Where the provisions set out in the first subparagraph are
deviating provisions shall apply instead of
the provisions of this Act and the regulations that the Government
has announced in adherence to the law. However, this does not
the processing of personal data
-exchanged or have been exchanged by virtue of Council decision
2008/615/JHA of 23 June 2008 on the stepping up of
cross-border cooperation, particularly in combating
terrorism and transnational crime, or
– available for download or has been derived on the basis of Council decision
2008/633/JHA of 23 June 2008 concerning access for
the visa information system (VIS) for consultation for the
Member States ' designated authorities and by Europol for the purposes
the prevention, detection and investigation of terrorist offences and other
serious crimes. Law (2015:276).
1 b/entry into force: 01/01/2016 of the Act (2013:329) with certain provisions concerning the protection of personal data in police and judicial cooperation in criminal matters in the European Union, and in the regulations that the Government has announced in connection with the Act, there are specific provisions on the processing of personal data in the framework of police cooperation and judicial cooperation in criminal matters has been transferred from or made available by
1. a State which is a member of the European Union (EU),
2. Iceland, Norway, Switzerland or Liechtenstein,
3. an EU agency, or
4. an EU information systems.
Where the provisions set out in the first paragraph are discrepant provisions, shall apply instead of the provisions of this Act and the regulations as the Government has announced in the margins of the law. However, this does not apply to the processing of personal data as
-exchanged or have been exchanged by virtue of Council decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime,
– available for download or has been derived on the basis of Council decision 2008/633/JHA of 23 June 2008 concerning access to the visa information system (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences, or
-exchanged or have been exchanged with the support of the European Parliament and Council Directive (EU) 2015/413 dated 11 March 2015 on facilitation of cross-border information exchange on offence, in the original wording. Law (2015:785).
Definitions
2 §/expires U: 2016-01-01/for the purposes of this law
– foreign officials: foreign officers and other
foreign officials who have been declared to be competent to perform
such cross-border activities referred to in article 40 and
41 of the Convention implementing the Schengen agreement of 14
June 1985 (the Schengen Convention),
– for the following officials: foreign officials who persecute
a person on Swedish territory in accordance with this Act,
– Swedish officials: Swedish police officers, customs officials, or
Coast Guard officials when required by law or other
Constitution have police powers,
-The Øresund link: the fixed link across Øresund
as defined in article 2 of the agreement of 6 October
1999 between the Government of the Kingdom of Sweden and the Kingdom of
The Danish Government on police cooperation in
The Öresund region,
– Prümrådsbeslutet: Council decision
2008/615/JHA of 23 June 2008 on the stepping up of
cross-border cooperation, particularly in combating
terrorism and cross-border crime,
-reference information: register data that does not disclose
the identity of a person, either in the form of a
number and a fingerprint or a
number and a DNA profile from the non-kodifierande
part of the person's DNA,
-CBE-directive: European Parliament and Council directive
2011/82/EU of 25 October 2011 on the facilitation of a
cross-border information exchange on
offence, and
-VIS-r ådsbeslutet: Council decision 2008/633/JHA of 23 June
2008 on access to the visa information system
(VIS) by designated authorities of Member States
and by Europol for the purposes of the prevention, detection and investigation
of terrorist offences and of other serious criminal offences. Law (2015:276).
2 section/entry into force: 01/01/2016/for the purposes of this law
– foreign officials: foreign officers and other foreign officials who have been declared competent to carry out such cross-border activities referred to in articles 40 and 41 of the Convention implementing the Schengen agreement of 14 June 1985 (the Schengen Convention),
– for the following officials: foreign officials who persecute a person on Swedish territory in accordance with this Act,
– Swedish officials: Swedish police officers, customs officials or Coast Guard officials when they are empowered by law or regulation police powers,
-The Øresund link: the fixed link across the sound, as defined in article 2 of the agreement of 6 May 1999 between the Government of the Kingdom of Sweden and the Government of the Kingdom of Denmark concerning police cooperation in the Öresund region,
– Prümrådsbeslutet: Council decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime,
-reference information: register data that does not disclose the identity of a person, either in the form of a number, and a fingerprint or a number and a DNA profile from the non-kodifierande part of the person's DNA,
-CBE-directive: European Parliament and Council Directive (EU) 2015/413 dated 11 March 2015 on facilitation of cross-border information exchange on offence, in the original wording, and
-VIS-r ådsbeslutet: Council decision 2008/633/JHA of 23 June 2008 concerning access to the visa information system (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences. Law (2015:785).
Terms of usage restrictions
section 3 Has a Swedish authority received information or evidence
from another State to be used in intelligence gathering
on offense, in the investigation of criminal offences, or in order to maintain
public order and safety, and respect due a
agreement with the other State conditions that limit the
the ability to use data or evidence, it shall
Swedish authorities comply with the conditions no matter what that is
prescribed in law or regulation.
The first subparagraph shall also apply in the case of agreements with
people-to-people organizations. Law (2010:378).
3 a of The Swedish enforcement authority may, in individual cases
set up conditions that limit the ability to use
information or evidence be provided to another State, if
It requires taking into account the individual's right or from General
point of view. Such conditions must not be contrary to an international
agreement binding on Sweden.
The first subparagraph shall also apply in the case of data or
evidence submitted to an international organization.
Law (2010:378).
Schengen cooperation
Cross-border surveillance
section 4 If, in a State referred to in the provision in article 1, first
the paragraph is an ongoing investigation of an offence which may lead to
surrender or extradition, foreign officials
keep one in their State stub monitoring a suspected
offender into Swedish territory, if a competent Swedish
Authority agrees to it.
Under the conditions provided for in the first subparagraph, such
further surveillance also take place with regard to a person other than a
the suspected offender, if it is necessary for the ongoing
the investigation and there are strong reasons for believing that the operation can
help to identify or track a suspect
offender.
Surveillance of a suspected offender shall be without
prior consent, if the matter is so urgent that consent
cannot be obtained in advance and the foreign investigation relating to
suspicion of such crimes as stated in article 40.7 in
The Schengen Convention, namely murder, manslaughter, aggravated sexual offence,
arson, forgery and falsification of
tender, grand larceny, felony receiving stolen goods, money laundering, serious
fraud, extortion, kidnapping and hostage taking,
illegal trafficking in human beings, smuggling of migrants, trafficking in
narcotic drugs and psychotropic substances, violations of team rules
on arms and explosives, destruction through use of
explosives, illicit carriage of toxic and harmful waste,
illicit trafficking in nuclear and radioactive substances, such
crime as referred to in Council Joint Action 98/733/JHA of
on 21 december 1998 on making it a criminal offence to participate in a criminal
organisation in the Member States of the European Union
as well as terrorist offences as referred to in Council framework decision 2002/475/JHA of
13 June 2002 on combating terrorism. To the monitoring
shall take place without the prior consent is also required to
the exceeding of the limit in connection with monitoring are reported
to a competent Swedish authority as soon as possible, and to
the requesting foreign authority without delay in
the investigation.
Monitoring shall immediately terminate if a competent Swedish
authority requests it. Monitoring is said in the third paragraph
shall also be terminated if consent has not been provided within five hours
from crossing borders. Lag (2003:1169).
Cross-border hot pursuit
§ 5 If a person is detected in the Act in the process of
commit a crime that can lead to surrender or extradition,
or if someone is detained or serving custodial sentences
have escaped, the foreign officials continue in their State
started the pursuit of individual over a land border into
Swedish territory, if a competent Swedish authority agrees
to it.
Hot pursuit shall be carried out without the prior consent of the
of the urgency has not been possible to
notify a competent Swedish authority in advance, or if
Swedish officials have not been able to take over the hot pursuit in time.
The pursuing officers shall request the assistance of a
the competent Swedish authority not later than the time of
crossing borders.
Hot pursuit shall immediately terminate if a competent Swedish
authority requests it. Lag (2003:1169).
section 6 Of the pursuing officers request it, the Swedish police officers
dispose of the fugitive.
The pursuing officers may stop and detain the fugitive
until the Swedish policemen can take care or
identify the fugitive.
7 § when a person is disposed according to section 6, second paragraph,
foreign officials
1. search the seized, if it is done by
safety reasons or to search for items as specified in 2,
2. dispose of objects that may be forfeited pursuant to chapter 36. 3 § 2
Criminal Code, or can be assumed to be relevant to the investigation of
crimes or have avhänts someone by crime, and
3. coat the seized with handcuffs.
Items seized as referred to in the first subparagraph 2 shall so
soon it may be transferred to a Swedish police officer for
examination of the question of the seizure under section 8 of the second paragraph.
section 8 a person seized under section 6, shall be in
the custody of the Police or the security police for a maximum of
six hours, the time between 24 and 9 recital. Then
should the person be released immediately unless it has received a
request for a measure referred to in
1. section 23 of the Act (1957:668) on extradition for criminal offences;
2. Chapter 1. section 2 of the Act (2011:1165) on surrender from Sweden
According to a Nordic arrest warrant;
3.25 c and 25 d § Act (1972:260) for international
cooperation on enforcement of criminal conviction,
4.5 (a) or 5 (b) § law (1963:193) on cooperation with Denmark,
Finland, Iceland and Norway concerning the enforcement of a sentence
accommodation,
5. section 8 of the Act (1970:375) on extradition to Denmark, Finland,
Iceland or Norway for the enforcement of decisions about care or
the treatment, if the request comes from a Danish
authority,
6. section 6 of the Act (1994:569) on Sweden's collaboration with the
International Tribunals for crimes against international
humanitarian law,
7. section 6 of the Act (2002:329) on cooperation with International
the International Criminal Court,
8. Chapter 1. section 3 of the Act (2003:1156) on surrender from Sweden
According to the European arrest warrant, or
9. Chapter 3. section 15 of the Act (2015:96) the recognition and
enforcement of custodial penalties in the European
Union.
A Swedish policeman may, in anticipation of a request for
such a measure as referred to in Chapter 4. section 19 of the Act (2000:562) on
international legal assistance in criminal matters, have seized items
seized under section 7, under the conditions
for an equivalent measure according to the code of judicial procedure
or other regulatory action. Law (2015:101).
Police cooperation in the Öresund region
§ 9 Danish police officers have on Swedish territory on
The Øresund link the same powers to intervene against threats
against public order and security that Swedish
Police officers have under the law.
If a Danish police officer takes an action under the first paragraph,
should the police be notified immediately. The measure may
last until the police assumes the implementation or requests
that it should be discontinued. Law (2014:402).
section 10 Danish officers, on Swedish territory, in accordance
with conditions which otherwise follows from § 5, and with the
powers as stated in paragraphs 6 and 7, continue in
Denmark started the pursuit of a person for any offence
that belongs in the public prosecution in accordance with Swedish and Danish law.
Except as set forth in section 5, the pursuing of a person
who have deviated from any form of deprivation of liberty because
of crime. Such pursuit may also be done by a person who
have deviated from other detention insofar as disclosure
to Denmark eligible under the Act (1970:375) if
extradition to Denmark, Finland, Iceland or Norway for
enforcement of decisions about care or treatment.
On Swedish territory on the Øresund link, Danish
officers also engage in a pursuit as referred to in the first
paragraph. In such a case, they shall immediately request
the assistance of the police. Law (2014:402).
Provisions common to the Schengen area and cooperation
in the Öresund region
Obligations
section 11 foreign officials shall, in the exercise of powers
under this Act, comply with the laws and other statutes as well as
instructions issued by the competent Swedish
authority. Under the cross-border hot pursuit or
monitoring, they may not gain access to housing
or other sites that are not available to the public.
Service weapons may only be used in self-defense situations.
Foreign officials should always be able to prove their competence
and identity.
That derogation may be made from the Weapons Act (1996:67)
provisions on the right of representatives of foreign State
authority to carry firearms and ammunition at the
temporary assignment in Sweden follows by 11 kap. paragraph 1 (f)
the law. Law (2014:402).
Criminal liability and protection
12 § foreign officials exercising authority under this Act
in Sweden shall be protected under Chapter 17. 1, 2 and 4 of §
the Penal Code in the same manner as if it has been
Swedish public authority.
Foreign officials exercising authority under this law in
Sweden shall be responsible for misconduct pursuant to Chapter 20. 1 §
the Penal Code in the same manner as if it has been
Swedish public authority.
Damages
section 13 If foreign officials performing duties under this law in
Sweden, the Swedish state instead of the foreign
authority or officer any damage arising in
connection with hot pursuit, the monitor or the intervention in
Moreover, in respect of which the foreign authority or
the officer would have been liable if Swedish law
been applicable to them. Swedish State shall not, however, replace
damage incurred by the foreign authority or
the official.
section 14 of the Regulations if the Swedish State's obligation to pay the
Swedish officials cause damage shall not be
apply when the damage caused in another State in connection with
cross-border hot pursuit or monitoring.
Competent Swedish authorities
section 15 of the police authority decides on cross-border
cross-border surveillance and hot pursuit into Swedish
territory. Security Police may decide
cross-border monitoring in the activities of the
conducts. Police or security service, in a
individual case, submit a case of cross-border
monitoring of the coast guard.
A request or complaint from a foreign authority if
cross-border surveillance into Swedish territory shall
be made to the police. If the request or notification
concerning such monitoring activities within the
The security police is conducting, it may instead be made to the
The security police.
Other contacts in response to cross-border
surveillance or pursuit into Swedish territory shall
take place directly between foreign officials and the interested
Swedish authority. Law (2014:402).
Cooperation under the Prümrådsbeslutet
Exchange of DNA profiles
section 16 cooperation according to Prümrådsbeslutet, a foreign
contact point be granted direct access to the reference data in
the Swedish registry of DNA profiles.
After the agreement between Sweden and another State may
contact rather than in the other State do an automatic
comparison of their unidentified DNA-profiles and
reference data in the Swedish registry of DNA profiles.
By way of derogation from the first and second paragraphs, applies only to those
Register of DNA profiles that are regulated in police data Act
(2010:361). Law (2014:402).
section 17 at the investigation or any other investigation proceedings
in accordance with the provisions of Chapter 23. the code of judicial procedure, the
Swedish contact rather than in individual cases by direct access
search data in another State DNA registry. Data may
processed only to the extent that the other State allows
it and if in corresponding cases had been allowed
in the Swedish registry of DNA profiles.
After the agreement between Sweden and another State may it
Swedish touch, in order to investigate crimes, make a
automated comparison of DNA profiles in the track log and
reference data in the other State's DNA records.
Law (2011:904).
Exchange of fingerprints
section 18 In cooperation according to Prümrådsbeslutet, a foreign
contact point be granted direct access to the reference data in
Swedish fingerprint register kept pursuant to
Police data Act (2010:361). Law (2011:905).
Article 19 with a view to preventing criminal activity or investigation
crime, the Swedish contact rather than in individual cases by
direct access to search data in another State
fingerprint register. Data may be processed only in the
extent to which the other State so permits and if the treatment
in the corresponding cases had been allowed in Swedish
fingerprint records kept with the support of the police data Act
(2010:361).
The Swedish contact rather than responsible to check if it
received the fingerprint matches the fingerprint
the search was sought. Law (2011:905).
Exchange of vehicle data
section 20 of the Act (2001:558) on road traffic register is available
provisions on the possibility to grant a foreign
contact point direct access pursuant to Prümrådsbeslutet to
data in the road traffic register. Law (2014:126).
section 21 in order to prevent crime, investigate crimes
or to maintain public safety, the Swedish
contact rather than in individual cases by direct access search
data in another State's vehicle registration. Data may
processed only to the extent that the other State allows
it and if in corresponding cases had been allowed
in the Swedish road traffic register. When you search, only one
Automotive full chassis number or full
registration number be used as a search term. Law (2011:904).
Exchange of information according to the CBE-directive
section 22 of the Act (2001:558) on road traffic register is available
provisions on the possibility to grant a foreign
contact point directly access according to CBE-directive to
data in the road traffic register. Law (2014:126).
section 23 in order to investigate such a trafiksäkerhetsrelaterat
offences covered by article 2 of the directive, the CBE-
Swedish contact rather than in individual cases by direct access
Search vehicle registration in another State. Data
may be processed only to the extent that the other State
permits and if the treatment in corresponding cases had
been allowed in the Swedish road traffic register. When searching
must be a full vehicle registration number
be used as a search term. Law (2014:126).
Access to data according to the VIS Council decision
section 24 On the request of the competent authorities, the Central
the access point through direct access to search data in
the visa information system (VIS), if the individual
case there is reason to believe that information in the system substantially
may help to investigate such terrorist offences
or other serious offences covered by the definitions in
Article 2.1 of the VIS Council decision.
The same applies if, in individual cases, there are reasons to believe
the information in the system can significantly contribute to
to prevent or detect crime
involving the offences referred to in the first subparagraph.
Law (2015:276).
25 § at the consultation of the VIS shall only be used following information
as a search term:
1. present and former surname, first name, sex,
date of birth and place of birth,
2. current nationality and nationality at birth,
3. type and number of travel document, issuing authority, date
of issue and date of expiry,
4. main destination and the intended stay
duration,
5. the purpose of the trip,
6. scheduled date of arrival and departure,
7. planned border crossing for the first entry, or
transit road,
8. housing,
9. fingerprints,
10. type of visa and number of the visa sticker, and
11. the person invited or assumed to stand for
applicant's living expenses during their stay. Law (2015:276).
section 26 of the personal data that has been retrieved from the VIS may be treated
for the purposes for which the data was retrieved. They may also
treated for investigating or prosecuting offences in individual
case that the search was sought. Law (2015:276).
27 § it is forbidden to to a third country or a
International Organization to transfer or make available
such personal information is retrieved from the VIS and who have
been entered in the system of another State.
However, this is allowed in urgent cases if
1. the conditions for the search specified in paragraph 24 is
met,
2. it is compatible with Swedish interest that the data
be disclosed,
3. the State which entered the data in the system, consent
to do so, and
4. the conditions in paragraphs 33 and 34 of the personal data Act
(1998:204) are met. Law (2015:276).
Common rules for Prümrådsbeslutet, CBE-directive
and the VIS Council decision
Rectification and indemnity
section 28 of the provisions of the personal data Act (1998:204) about
rectification and Indemnity apply to the processing of
personal information under this Act or under the regulations
in connection with the Act. Law (2015:276).
Additional regulations
section 29 of the Government or the authority, as the Government determines
lets under Chapter 8. section 7 of the Constitution notify
regulations on
1. cooperation under Prümrådsbeslutet when it comes to
the processing of personal data, as well as assistance in the event of major
events, disasters and serious accidents,
2. Exchange according to CBE-directive, and
3. the access to data under the VIS Council decision.
Law (2015:276).
Transitional provisions
2014:402
This law shall enter into force on the 1 July 2014, in terms of section 16 and
in General on January 1, 2015.