Law / Sweden

Brottsbalk (Criminal Code), Chapter 4, Section 9 a, Unlawful Eavesdropping (Olovlig avlyssning)

Brottsbalk (1962:700), 4 kap. 9 a § (olovlig avlyssning)

In force since .

An interception and recording consent rule binding public and private bodies.

Obligation class
Prohibition

As of .

What it requires

  • Do not unlawfully and secretly listen to or record, by a technical device for reproducing sound, speech in solitude, a conversation between others, or negotiations at a meeting or other gathering to which the public has no access, if you do not take part in it or have gained access to it without authority (Chapter 4, section 9 a).

If you get it wrong

Criminal exposureYes

Criminal exposure note

Chapter 4, section 9 a: unlawful eavesdropping is punishable by a fine or imprisonment for at most two years.

What this law does

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Research summary

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Chapter 4, section 9 a punishes, as unlawful eavesdropping (olovlig avlyssning), a person who in a case not covered by section 8 unlawfully and by a technical device for reproducing sound secretly listens to or records speech in solitude, conversations between others, or negotiations at a meeting or other gathering to which the public has no access, and in which the person does not take part or to which the person has gained access without authority, with a fine or imprisonment for at most two years.

Section 11 allows a prosecutor to prosecute unlawful eavesdropping not committed in a public place, or preparation of it, only if the injured party reports the crime for prosecution or prosecution is called for from a public point of view. Section 9 a was added to the Criminal Code by SFS 1975:239.

When LexLint raises it

When your app profile says your app records conversations or processes voice recordings.

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