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CRIME

Five things to know about Sweden’s new digital surveillance law

On April 1st, a new law comes into force giving Swedish police extra powers to access the devices and encrypted messages of people suspected of serious crimes. Here are five things to know about the law and what it means for Sweden.

Five things to know about Sweden's new digital surveillance law
National police chief Anders Thornberg. Photo: Janerik Henriksson / TT

What is the new law?

The new proposal would give the police, as well as bodies including security police Säpo, the Economic Crime Authority, and customs, the power to install software or take other measures allowing them to access information in suspects' devices.

Unlike current methods of communications interception, which only apply to sent messages, police would also be able to access files stored on the devices such as images and files.

Police would only be able to use these methods if the person in question was suspected of a crime with a minimum sentence of at least two years' jail time.

And in order to activate cameras or microphones in a suspects' computer or mobile phone, the person must be suspected of a crime with a four-year minimum sentence, the same requirement currently in place for bugging — using hidden microphones in a room or building.

Why do police say this law is necessary?

Encrypting messages have become easier in recent years.

Swedish police state that 90 percent of the digital communication they have tried to monitor has been encrypted and therefore not legible. Being able to read this communication is important for the police to gain insight into the activities of criminal organizations and ultimately prevent crime or bring those responsible for criminal activity to justice.

Where you used to need special software to encrypt messages, secret communication is now much more accessible. For example, so-called 'end-to-end encryption' is activated as standard with apps like WhatsApp and Signal.

“In order to reach the most serious criminals, you need to be able to keep an eye on their communication” national police chief Anders Thornberg told TT. “Otherwise you will always be blind or half-blind. As criminals turn to encrypted messaging, we need to be able to follow them.”

What are the advantages?

“Police in Malmö believe that there is not a single murder in Malmö about recent years which has not been preceded by encrypted communications between gang members,” Interior Minister Mikael Damberg said in October last year.

The new law makes it possible for police to access devices to view encrypted communication directly at the source, instead of tapping the messages while they are being sent. In this way police believe the law will help them to gain insight into communication within criminal organisations and prevent crimes.

Interior Minister Mikael Damberg. Photo: Ali Lorestani / TT

What are the disadvantages?

The biggest criticism of the new law is that the Swedish government may promote a vulnerable digital environment, because they would have an interest in using these vulnerabilities for surveillance.

The Digital Freedom and Rights Association (DFRI), a Swedish organisation that promotes human rights in the digital sphere, is strongly against this new law.

“If someone finds a new vulnerability, this person has a choice,” says Peter Michanek from DFRI. “Report it, or sell it. You can get a small reward if you report it, but you can get a lot of money. This gives the police the possibility to buy unknown vulnerabilities to hack into computers and smartphones. It is actually more profitable to not report them and sell them instead. “

There are examples of known vulnerabilities that have been exploited by criminals in the past.

“A few years ago there was a vulnerability that was actively exploited by some ransomware criminals,” says Peter. “A large computer virus outbreak called 'WannaCry' hit a lot of hospitals, companies and even private persons. The cost of that attack is in the millions, billions maybe. Later it was revealed that the vulnerability that the attackers used was a vulnerability that was previously known and used by the American intelligence authority NSA. They had opted not to report this vulnerability. If they had done that attack could have been avoided.”

The DFRI states that the law therefore increases the risk of crime instead of decreasing it.

What does this law mean for Sweden's image as a mecca for internet freedom and online privacy?

This law cannot be considered as mass surveillance, since it will be used in a targeted manner only when someone is suspected of a serious crime. Police have estimated that they will need to use the law about 50 to 100 times a year.

Sweden is consistently rated as one of the countries with the highest levels of internet freedom and online privacy. Now that stricter laws are being introduced in which online privacy is not a central element, that could change.

Peter Michanek from DFRI also sees that there is a shift in policy towards a less free internet.

“This new law is not the only example of that”, he says. “We also have a data retention law that has been effected for a few years. That law has actually been struck down by the Court of Justice of the European Union (CJEU) as a violation of human rights. In my view human rights are being violated in Sweden by these new laws.

“If the police could show that these new laws and measures were very effective, you might say that it was worth it. A small intrusion in our privacy might be tolerated if that means we can catch a lot of criminals. But so far, the police have not been able to show this. The invasion of privacy is great, while the increase in efficiency for law enforcement agencies is so small. It's disproportionate.”

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POLICE

Swedish police leaks scandal: How gang criminals got hold of sensitive information

A new report in Dagens Nyheter has revealed over 514 suspected leaks of sensitive information from at least 30 members of the police force to criminals since 2018. Here's what we know so far.

Swedish police leaks scandal: How gang criminals got hold of sensitive information

What’s happened?

According to an investigative report by newspaper Dagens Nyheter (DN), multiple gang members have infiltrated the police force by, for example, dating police employees, or using family connections to gain access to sensitive information about ongoing cases.

The first article in DN’s series focuses on a woman the newspaper calls Elin, who met a man, Jonas (not his real name), on a dating app when she had one year left of her police education. She falls in love, but his only goal with the relationship is to get a source within the police force which he can use for access to secret information.

Over the course of four years until she was caught, she made multiple illegal searches in the police register for Jonas, his associates and enemies, as well as providing him with information on ongoing investigations against him.

Other cases investigated by the newspaper include a border guard who sold classified information to gangs, a police officer who leaked information to what DN describes as “one of Sweden’s most notorious criminals” and an investigator who was dating a man she was investigating, who she shared screenshots of sensitive information with.

In another case, the police received a tip-off that information was being leaked to the Hells Angels motorcycle gang. It was discovered that a group of five alarm operators had made an unusually high number of searches for members of the Hells Angels, who were later discovered to have connections with the gang that they had lied about during their background checks.

What have the consequences of these leaks been?

In some cases, the leaks preceded revenge attacks on enemies of the gang member involved in the relationship. In other cases, the gang members’ enemies disappeared or were murdered.

Some of the people from the police force involved in the leaks were sentenced to fines for illegal data access or breaches of professional secrecy, while the evidence against others was not sufficient to prosecute. 

At least 30 employees had for different reasons been considered “security risks” and either resigned or were forced to quit, the newspaper reported, with over 514 suspected leaks taking place from police to criminals since 2018.

How do criminals find police officers?

According to DN, they look for things that can be used as blackmail, like police officers who buy drugs, or set “honey traps”, like the one used against Elin, where they meet police officers or students on dating apps and start a relationship.

“You take Tinder, for example, and set your search radius so the police school is in the centre. When you get a match, it’s easy to check if it’s a student, through class lists or how they present themselves on social media. They’re proud of their line of work,” Jonas told DN.

They might also use their family connections to put pressure on relatives who work in the police force.

Why is this important?

It’s important because Sweden has seen a rise in gang-related violence in recent years, with a surge in shootings and bombings as gangs fight for control over different drug markets.

Swedes also have a high level of trust in the police force – 72 percent according to a 2024 study by Medieakademin, topping the list of state authorities, with a higher level of trust than universities, healthcare, the courts and even the Swedish church. This was five percent higher than in 2023.

Although the vast majority of police officers do not leak information to criminal networks, Sweden does not have a history of organised crime infiltrating the police force, so officials are keeping a close eye on these leaks to make sure they don’t become more common.

On April 29th, Prime Minister Ulf Kristersson told TT newswire that the leaks were “very serious”, potentially putting trust in the police force at risk.

“There are many great risks and one is that trust in police declines, that people get the idea that mafia-like methods are used to infiltrate law enforcement,” he said, before adding that he was unable to say whether it constituted a threat to national security or not purely based on the initial DN article.

“But the mere suspicion of these types of connections are damaging,” he told the newswire.

What happens now?

Justice Minister Gunnar Strömmer told DN that he planned to call a meeting with police leadership about the reports, which he described as “extremely serious”.

“[At that meeting] we will consider the need for further measures,” he said.

“Leaking sensitive information to criminals is against the law and can have very damaging consequences for the work of the police force,” Strömmer told DN, adding that it could undermine trust in the police and “damage democracy”.

Last summer, the government increased the penalty for breaching professional secrecy, and a special investigator was tasked with looking at a potential reform of the rules on corruption and professional misconduct in February – the Crime Prevention Council is also involved in that investigation, where it has been asked to provide information on how gangs use government employees.

“Protecting the integrity of the justice system against infiltration and other security threats is a central part of the new national strategy against organised crime that the government decided on earlier this year, and it is given the highest priority in our assignments to the authorities,” Strömmer told the newspaper.

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