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Safety Protection Law (1996:627)

Original Language Title: Säkerhetsskyddslag (1996:627)

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The scope of the law



section 1 of this Act applies in respect of the activities of



1. the State, municipalities and county councils,



2. limited companies, partnerships, associations and foundations of

the State, municipalities or county councils exercise a judicial

control, and



3. the individual, if the business is of importance for the

security or in particular need to be protected against terrorism.

Law (1999:952).



section 2 Of the Swedish Parliament and its authorities apply only to 11-29 sections.



3 repealed by law (1999:952).



section 4 of the State, municipalities and county councils shall be deemed to exercise a

judicial control under section 2, on the lonely

or together



1. own shares of a corporation or units of a financial

coalition with more than half of the total votes of the company or

the Association, or in any other way dispose of so many

votes of the company or association,



2. has the right to appoint or remove a majority of

the members of the Board of Directors of a corporation, an association or

a Foundation, or



3. contains all the unlimited General men in a

trading companies.



For the purposes of 1-3, the influence is considered to be exercised by

the State, if the influence exercised by a legal entity over which

the State determines in the manner set out in paragraphs. What is this

How about the State also applies to municipalities and county councils.

Law (1999:952).



Security protection



section 5 of the Act applies, the activities of which the security protection be

as needed, having regard to the nature, scope and other

circumstances.



The safety Guard must be designed with regard to the individuals ' right to

According to the press law to take part in public documents.



for the purposes Of paragraph 6 of the security protection



1. protection against espionage, sabotage and other crimes that may threaten

national security,



2. protection in other cases of information subject to the privacy

According to the public access to information and secrecy (2009:400) and that

related to national security, and



3. protection against terrorist offences under section 2 of the Act (2003:148) if

the penalties for terrorist offences (terrorism), even if the offences are not

threatens national security. Law (2009:464).



section 7 of the safety guard to prevent



1. that the information covered by the obligation of professional secrecy and which concerns the Kingdom's

Security improperly disclosed, altered or destroyed

(information security),



2. unauthorized access to places where they can access

to the data referred to in 1 or where activities having a bearing

for national security are conducted (access restriction), and



3. to any person who is not reliable from the point of view of safety part

in activities relevant to national security

(background check).



Safety guard shall also otherwise prevent terrorism.



Security agreements



section 8 When State intends to solicit tenders or negotiate contracts for

contracts where there is information with regard to

national security covered by the obligation of professional secrecy, shall meet with a

written agreement (security agreement) with the tenderer or

the provider of the security protection needed in the Special

case. The same applies to municipalities and county councils.



If the safety protection Act applies to the tenderer or

the vendor due to paragraph 1 of 2 or 3, the tenderer's

or the supplier's obligations under the Act may not be made smaller

far-reaching by the terms of the security agreement.

Law (1999:952).



Information security



§ 9 in the design of information security, the need for

protection at automatic data processing are taken into account in particular.



Access restriction



10 § access restrictions should be designed so that the individual's

the right to move freely does not restrict more than necessary.



Provisions that allow for refusal of access to certain

buildings, other structures, areas, and other objects, see

Protection Act (2010:305). Law (2010:309).



Background check



11 § background checks to be made before a person through

employment or otherwise participating in the activities

have significance for national security or be hired for tasks

that are important for protection against terrorism. Background checks may

be made also during employment or other ongoing

participation in the business. The trial should clarify whether

the person may be presumed to be loyal to the interests protected in

This Act and otherwise reliable from the point of view of safety.



Security screening must include register control and special

personal investigation, under the conditions set out in paragraphs 13 to 19.

Law (2006:347).



Register control



section 12 with the register control means that the data is retrieved from a

records covered by the Act (1998:620) about

load records, Swedish law (1998:621) if suspicion registers

or Act (2010:362) about police General reconnaissance records.

With the register control also means that data is retrieved as

treated with the aid of police data Act (2010:361).

Law (2010:365).



13 § records check should be done on the background check that

regards employment, assignment, service in accordance with the law

(1994:1809) about national service, education, visit or

any other participation in activities, if the employment or

participation in activities has been placed in the security class.



With the exception of public agents in accordance with Chapter 27. section 27

the code of judicial procedure and privacy representative according to paragraph 6 of the law

(2009:966) on defence intelligence Court should

records check may not be made when it comes to missions

public defender or representative before the Court.

Records check should also be made in the case of a Member

in the Parliament or the Council or similar missions.

Law (2009:1021).



14 § records check may be carried out also in other cases where it is necessary

protection against terrorism and there are special reasons. Regulations on

This will be announced by the Government, except as regards the Parliament and its

authorities.



15 § records check may be made upon request from another

State, if



1. the person to whom the request relates has or has had a resident

in Sweden,



2. the person shall engage in an activity in the manner specified in

section 13, first subparagraph, and



3. the rules for participation in the other State if

register the control that corresponds to the rules of this law.



Should a person who is or has been domiciled in Sweden participate

in a security-sensitive operations of an international

organisation in which Sweden is a member, get the records check is made,

If your organization has made a request for verification.

Law (2006:347).



16 § records check may be omitted, if it is clear that any

control is not needed, because the clearance procedures relating to

previously have been controlled in the same manner.



Safety classes



section 17 of the employment, or another such participation in activities

referred to in section 13, first paragraph, shall be placed in safety class, if

the employee or otherwise participating in the activities



1. in a large scale, some of the information subject to the privacy

and is of extreme importance for national security (protection class 1),



2. to an extent that is not insignificant, part of such data

referred to in 1 (class 2), or



3. Moreover, some of the information covered by the obligation of professional secrecy and which

is of importance to national security, if the disclosure of data

likely to have but for national security that not only is calling

(safety class 3).



Special personal investigation



18 § A dedicated investigation shall be made at the registry control

relating to employment or otherwise participating in the activities, if

employment or participation in activities has been placed in

safety class 1 or 2. This also applies when a request for

records check has been made by a State or an international

Organization in accordance with section 15. Personal investigation shall include a

examination of the economic conditions were controlled. Otherwise

should the investigation have the extent necessary.



Consent



section 19 of the security clearance case shall have consented

before register control and special personal investigation may be made. A

consent shall be deemed to apply also to renewed inspections and investigations

as long as the controlled shall hold the same position.



Decision register control and placement in safety class



section 20 of the Parliament and its authorities decide on placement of

safety class and on pollutant control as regards Parliament's

management area. For employees at the Parliament determines the

Member of management, after consultation with the Advisory Board of war

Secretary of placement in safety class and if

Register control.



Moreover, the Government decides on the placement of the security class and

If the registry check. The Government may provide to government agencies

and second, to which the provisions on registries control applies,

decides on the placement of the security class and if the registry check.

This right may, however, be awarded such companies,

associations and foundations referred to in paragraph 2 or

the individual referred to in paragraph 1 of the 3 and § 8 only if there are

special reasons. The authority that the Government may

decide if the records check pursuant to section 15. Law (2006:347).



Disclosure of data



21 § disclosure of data on registry verification may comprise



1. for safety class 1 or 2: every task available

available if the controlled and, if it is strictly

necessary, if the spouse or common-law partner, and



2. for safety class 3: information concerning the controlled in

criminal records and suspected the register and the processing of data

be treated in the security police. Law (2010:365).



section 22 at register control under section 14 of the disclosure may include

all information about the controlled contained in


criminal records and suspected the register and the processing of data

be treated in the security police. Law (2010:365).



23 § where there are serious reasons, may disclosure include

data other than those referred to in paragraphs 21 and 22.



Security and integrity protection determines in each

case for disclosure under this section.

Law (2007:984).



section 24, a task that has arrived at the records check or

special personal security clearance investigation may be disclosed only

If it can be assumed to be relevant to the examination of the controlled

reliability from the point of view of safety.



section 25 Before a task that has arrived at

records check or special personal investigation may be disclosed

for the background check, the task relating to the given

opportunity to comment on the task. However, this does

not if the information covered by the obligation of professional secrecy in relation to

the individual under any other provision of public access to information

and secrecy (2009:400) than the 35. section 3.



Even if the task subject to such confidentiality, for the person who

task relating to be given an opportunity to be heard before the task

be disclosed, if his or her interests to be heard

reasonably should have priority over the interest of

your privacy will be protected. Law (2009:464).



section 26 information to be disclosed on the records check may not be accompanied

of any other opinion than a clarification comment for the task.



Examination of the disclosed data



section 27 of The control that determines whether the registry determine independently if

the person to be examined shall be required. The examination shall be based on

the knowledge contained on the examined, the data has arrived

presented at the table control and at special personal investigation, nature

of the activities for which the examination is carried out as well as the circumstances in

otherwise.



section 28 Since a decision has been taken on the occasion of a

background check, the documents come from

The security police as soon as possible be restored there, if the security police

has not decided otherwise. Law (2014:592).



Requirements for Swedish citizenship



section 29 A classified employment in the State, a municipality or a

counties may be held only by those who are Swedish citizens.



The demand for Swedish citizenship does not apply to such participation in

activities under section 13, first paragraph, in addition to employment

shall cause the registry check.



The Government may, in individual cases, waive the obligation in Swedish

citizenship.



Internal training and control



section 30 of the Act applies to public authorities and others in order to ensure



1. that staff receive training in matters of security, and



2. the safety Guard must be checked.



Supervision



section 31 the Government determines shall check

the safety guard with the authorities and others as the law applicable to

as well as bidders and suppliers who have met a

safety protection agreements.



In addition, the State, municipalities and county councils to ensure that the

There is adequate security protection of limited liability companies.

trading companies, associations and foundations over which they exercise

a judicial control as well as of the tenderers and

suppliers with whom they have signed a security agreement.

Law (1999:952).



Exemptions from the application of the law



32 § Government may, in the case of Cabinet Office order

exemption from other provisions in the Act than those that apply

Register control.



Specific provisions relating to the Prime Minister's official residences



32 (a) of the Act (2014:514) if responsibility for some security issues

at the Prime Minister's official residences, there are special

provisions on liability for access restriction and if

samrådsskyldighet before the security agreement shall meet

and before the decision on the placement of the security class.

Law (2014:515).



Regulations on enforcement



33 § Government or authority the Government appoints announces the

the detailed rules necessary for the application of the law.



Transitional provisions



1996:627



1. this law shall enter into force on 1 July 1996, when

personnel control the proclamation (1969:446) shall cease to apply.



2. a decision on placement in protection class according to

personnel control the proclamation (1969:446) shall apply until a

the corresponding decisions on the security class pursuant to the new Act have

taken until the end of 1997. Protection class 1 A, 1 B

and 2 under the proclamation shall be considered equivalent to security classes

1, 2 and 3 in accordance with the law.



1998:625



This law shall enter into force with respect to section 15 on 1 July 1998 and

otherwise, the day the Government determines. For the purposes of 21

and 22 sections in their new version, with criminal records

also cover passenger and load the registry until all

been discontinued from this register data.