SwedenKamerabevakningslagen (Camera Surveillance Act)
Kamerabevakningslag, SFS 2018:1200
In force since .
A comprehensive regime rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Place of effect
- Audit expectation
- on_request
- Who audits it
- Regulator
- Where the report goes
- Produced on request, Kept
What it requires
- Where camera surveillance is carried out in performing a public-interest task laid down in law or other regulation, assess before it starts whether the interest in the surveillance outweighs the individual's interest in not being watched, document that assessment and keep it for at least five years after the surveillance ends, and keep a register of the ongoing surveillance (Kamerabevakningslagen 7 to 10 §§). Camera surveillance that does not rest on such a task is outside 7 to 10 §§ and carries no register duty under this Act.
These lines are LexLint's reading of the law's text. Also read by: Integritetsskyddsmyndigheten (IMY) (guidance, recorded ).
In the frameworks
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.imy.se/verksamhet/kamerabevakning/bedoma-om-kamerabevakning-ar-tillaten/steg-8/
- Guidance body
- Integritetsskyddsmyndigheten (IMY)
- Open questions
- When is systematic monitoring of a public place 'on a large scale' ('i stor omfattning') under Article 35(3)(c) of the GDPR, so that camera surveillance needs an impact assessment, given that IMY states there are no set thresholds?
What it makes you log
Who may demand the log
Regulator
Log retention
The five years run from the day the surveillance ceases and apply to the register entry of that surveillance.
- Unit
- Years
- As of
- Basis
- Fixed
- Minimum value
- 5
Logging duty
Section 10 requires the controller of camera surveillance carried out in performing a public-interest task under section 7 to keep a register of ongoing surveillance. The register lists the address or comparable detail of the place watched, the type of place, the purpose, whether sound recording or other special technology is included, and that an assessment under section 9 has been made and when the latest was made; none of these is a field in the closed vocabulary. It is updated when surveillance starts, changes or ends. Section 9 separately requires the controller's assessment to be documented and kept for five years after the surveillance ends. Surveillance that does not rest on a section 7 task carries no register duty under this Act.
- Kind
- Explicit
- As of
- Provision
- Kamerabevakningslag (2018:1200), 10 § (register of ongoing surveillance) and 9 § (documented assessment)
- Trigger
- personal_data_processing
What this law does
Kamerabevakningslagen (SFS 2018:1200), enacted and in force , regulates any TV camera or optical-electronic equipment enabling persistent or regularly repeated monitoring of persons in Sweden, where the equipment is in Sweden and the operator is established in Sweden or in a third country.
As of it eliminated the earlier permit regime: surveillance carried out in performing a public-interest task laid down in law now needs a documented impact assessment and a registry of ongoing surveillance, and every camera operator has a signage duty.
The Act does not itself define or specifically regulate facial recognition or biometric identification; a facial-recognition-capable camera falls within its scope only as surveillance equipment generally, with the biometric-processing duty supplied separately by General Data Protection Regulation (GDPR) Article 9 and Dataskyddslagen Chapter 3.
When LexLint raises it
When your app profile says your app processes personal data.
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