New camera surveillance legislation effective in Sweden from the first of April

As of April 1^st, new camera surveillance legislation will come into effect in Sweden. This new legislation removes the obligation to obtain a permit from the supervisory authority and instead underscores the importance of documenting the legal basis used for the camera surveillance, including the documented legitimate interest assessment, as part of the accountability principle under the GDPR. The removal of the permit requirement is applicable to public bodies and actors performing tasks in the public interest, but the clarifications on requirements to demonstrate accountability will have a broader effect.

Key points:

• Balancing of interests: The new legislation place additional emphasis on the necessity for actors that conduct camera surveillance to perform and document the legitimate interest assessment, including the balancing of interests between the interest of surveillance with the protection of personal integrity. This involves a thorough assessment and documentation of the necessity and proportionality of the camera surveillance activities.
• Accountability: Proper documentation of the legitimate interest assessment is essential for demonstrating accountability under the GDPR. This ensures that businesses can justify their surveillance practices.

What is camera surveillance?

Camera surveillance involves the use of TV cameras or other optical-electronic instruments, or comparable equipment, for continuous or regularly repeated monitoring of individuals without the equipment being operated on-site. The equipment covered includes TV cameras, other optical-electronic instruments, and comparable devices, such as those utilizing electromagnetic radiation like X-rays. The equipment can be fixed in place, such as on a building façade or a ceiling, or it can be mobile, such as on or in a vehicle or on a drone.

Ensure your documentation is in order

Businesses are encouraged to review their current camera surveillance practices and ensure that all necessary documentation is in place to comply with these new requirements. Reach out to Setterwalls to further assistance on ensuring that your camera surveillance is compliant.