Act (2000:343) For International Police Cooperation

Original Language Title: Lag (2000:343) om internationellt polisiärt samarbete

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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.

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