Avlyssning utan konkret brottsmisstanke: Ett effektivt verktyg i kampen mot gängkriminalitet eller en inskränkning av individens integritet?

Sammanfattning: The use of secret coercive measures has increased markedly due to the increased organized crime and technological development. The legal mandate for taking these measures can not only be used to monitor individuals without their consent when they are suspected for a crime in the prelimary investigation stage, but also preemptively before a crime is committed. In this case the purpose is to prevent and deter criminal activity. The legal mandate for taking preventive coercive measures is justified by the state's interest in effective law enforcement. On the other hand, the individual has a constitutionally protected right to privacy and personal integrity. Since coercive measures involve an infringement of the individual's personal integrity, the balance between effective law enforcement and personal integrity is of essence. The possibilities of extending the use of preventive coercive measures to combat serious crime in the context of criminal networks are now being discussed by the government in a current investigation. In this paper, the relationship between effective law enforcement and personal integrity and the legalisation of this topic are analysed. The analysis concludes that the use of preventive coercive measures has high demands on personal integrity. However, the regulation could also mean that risks of abuse of power and that the coercive measures are used for purposes other than those for which they are intended. The new investigation may therefore lead to a further restriction of the individual's right to personal integrity and a shift in the boundaries of state measures against citizens.