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Special Rights and Privacy under the Sweden Electronic Communications Act

By IBLS Editor

Sweden Electronic Communications Act 2003: 389 entered into force on July 25, 2003, and aimed to ensure that private individuals, legal entities, and public authorities have access to secure and efficient electronic communications in terms of price and quality.  The Act specifically mentions its goal to promote competition in the telecommunication sector and to protect the freedom of expression and freedom of information.  This article provides a brief description of the subscribers? rights under the Act and the privacy rules incorporated in this Act. 

 

Scope of the Act

 

 Sweden Electronic Communications Act (?ECA?) applies to electronic communications networks and communications services and their related facilities and services.  ECA is applicable in conjunction with previous Sweden laws on radio and telecommunications services and equipment such as the Radio and Television Act 1996:844, and the Radio and Telecommunications Terminal Equipment Act 2000: 121.  Thus, under this scope, internet service providers are covered under ECA as electronic communications networks.   

 

Special rights for Subscribers

 

ECA §15 establishes the specific requirements that a contract between the electronic communications service provider and the subscriber must include.  According to this section, the contract must include the following information:

 

1.      The provider?s name and address;

2.      The services to be provided;

3.      The level of quality that is offered;

4.      Detailed prices and tariffs;

5.      How information related to tariffs and maintenance charges is offered;

6.      The term of the contract;

7.      Conditions for extension and termination of the services;

8.      Conditions for extension and termination of the contract;

9.      Conditions for compensations if services are not provided according to the contract; and

10.  How alternative dispute resolutions mechanism for consumers can be established.

 

ECA establishes that any modification to this contract made by the electronic communications service provider must be notified to the subscriber at least one month before the changes or amendments enter into force.  This notification must advice the subscribers of their right to termination the contract due to the changes.  Indeed, if the subscriber does not accept the new terms of the contract, the subscriber may terminate the contract without any penalty in terms of costs, charges, or any other obligation.   

 

Protection of Privacy

 

ECA Chapter 6 addresses the issue of privacy under the Act.  Section 1 of this chapter defines electronic messages as any information exchanged or transferred between parties by a public electronic communications service, except communications transferred as part of a radio broadcasting and television programmes.

 

Traffic Data is defined as any data processed with the purpose of forwarding an electronic message via electronic communications networks. 

 

ECA Chapter 6 §2 expressly establishes that the Personal Data Act (1998:204) applies to the processing of personal data in connection with the provision of electronic communication networks and services.  Thus, besides the specific privacy provisions in ECA, other Sweden privacy laws must be applied to the provision of electronic communications services. 

 

The specific privacy rules found in ECA are included in §3 and subsequent.  Section 3 requires that providers of public electronic communications services must implement appropriate measures to ensure that data processed by them is protected within the network.  Even though this section does not particularly require any measure, it notes that the measures must be those that take into account available technology and costs for implementation in relation to the risk to infringement of privacy. 

 

In the event of a risk that compromises personal data, the party providing the service must inform the subscribers about this risk.  If the risk is not under the liability of the party providing the service, the party providing the service is under the obligation to inform the subscriber of how the risk can be remedied by the subscriber and the costs involved. 

 

Traffic data that belongs to natural persons or subscribers and is stored by the party providing the service must be eliminated or prevented from being identifiable when that data is no longer necessary to the transfer the electronic message.   Data necessary for subscriber invoicing and payment of charges may be stored until the charges or the claim is paid and the term for objections expired. 

 

Subscribers have a right of notification under ECA.  ECA §6 requires public electronic communication service providers must inform subscribers of the type of traffic data that is processed and how long the data is processed.

 

Exceptions: Parties providing electronic communication services may keep the data stored in their networks for a longer time when an authority or a court needs access to such data to resolve disputes; when an electronic message is subject to wire-tapping or secret tele-surveillance; or when the data is necessary to prevent and expose unauthorized use of an electronic communications network or service.     

 

No traffic data about natural persons or subscribers may only be processed by parties providing electronic telecommunications services when consent has been given by the user or subscriber and when the data is being prevented from being identifiable.  Before the consent is granted, the party providing the service must inform about the kind of data that will be processed, the purpose and duration of the processing, and whether the data will be forwarded.  Consent given by the subscriber can be revoked at any time. 

 

The Sweden Electronic Communications Act of 2003 incorporated rights for subscribers and privacy standards that are in accord with other countries electronic communications laws.  This is particularly important for those Foreign Service providers that need to understand and comply with privacy policies in Sweden and other European countries. 

 

 

 

Full post as published by IBLS Internet Law Blog on April 13, 2008 (boomark / email).