Intresseavvägningen mellan bevakningsintresse och personlig integritet vid kameraövervakning

Sammanfattning: In 2018, the permit requirement regarding camera surveillance for many actors was abolished. The abolition was prompted by the newly established Kamerabevakningslag (2018: 1200). The abolition of the permit requirement meant that actors themselves must carry out an assessment regarding whether their camera surveillance is permitted or not. Camera surveillance is largely regulated by the GDPR. The assessment of whether surveillance is permitted is therefore based almost exclusively on the balance of interest between the interests of surveillance and the interests of personal integrity. The essay is based on the thesis that integrity interests are threatened, and risk being underestimated when the party conducting the surveillance are judging the value of the interests. A analysis of existing legislation, preparatory work, government statements and supervisory decisions identifies an area of great uncertainty. These uncertainties are both intentional and unintentional. On the one hand, there is an explicit intention from the legislator that the interpretation of the law should follow the development of society, and on the other hand all studied bodies agree that an assessment of interests only can take place in each unique case. However, there are factors that indicate that the uncertainties also could lead to a reduced willingness to use camera surveillance. The essays conclusion is that at present it is not possible to determine how a balance between surveillance interests and integrity interests should take place. There are guidelines for the main features of such a balance, but the large uncertainty factors mean that even relatively strong interests can be overridden by assessments based on perceptions with limited traceability. In order to create a more accurate picture of the risks to personal integrity, studies of the actual conditions prevailing in society, how actors practically carry out their assessments, how different interests are assessed, the willingness to report incorrect supervision and similar aspects are required.