umu.sePublications
Change search
ReferencesLink to record
Permanent link

Direct link
Swedish police implementation of IMSI-catchers in a European law perspective
Umeå University, Faculty of Social Sciences, Department of Law.ORCID iD: 0000-0002-4642-3872
2016 (English)In: Computer Law & Security Review, ISSN 0267-3649Article in journal (Refereed) In press
Abstract [en]

In this article the qualitative requirements of legality under the European Convention on Human Rights are analyzed as they apply to the use of ‘IMSI-catchers’ – a technical device to track the location and use of cell phones. The implementation of IMSI-catchers in the Swedish police is used as a case study and litmus test to illustrate how domestic law may interact with the requirements under convention law in this area. The article shows that the Swedish implementation of IMSI-catchers in substantive law has lagged behind the actual use of the measure in police work through references to the domestic legal principle that ‘the ether is free’ that serve to preclude legal protection of confidentiality of radio communications. The application of this principle highlights deficiencies in the conformity of Swedish law with both the EU ePrivacy directive and the requirements of legality under the European Convention.

Place, publisher, year, edition, pages
2016.
Keyword [en]
IMSI-catcher, Surveillance, Police, Legality, Obscurity, Law, Sweden, ECHR, Ether, Metadata, Policing, Police methods, Technology law, Mobile communications, Privacy, Security, ePrivacy, EU-law
Keyword [sv]
IMSI-catcher, övervakning, polis, legalitet, juridik, sverige, Europakonventionen, metadata, integritet, dataskydd
National Category
Law (excluding Law and Society)
Research subject
Law
Identifiers
URN: urn:nbn:se:umu:diva-124487DOI: 10.1016/j.clsr.2016.07.006OAI: oai:DiVA.org:umu-124487DiVA: diva2:952581
Projects
Policing in Sweden – Efficiency and Rule of Law in Police Work
Funder
Riksbankens Jubileumsfond, SGO14-1173:1
Available from: 2016-08-15 Created: 2016-08-15 Last updated: 2016-09-19

Open Access in DiVA

The full text will be freely available from 2017-03-24 00:00
Available from 2017-03-24 00:00

Other links

Publisher's full text

Search in DiVA

By author/editor
Naarttijärvi, Markus
By organisation
Department of Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Altmetric score

Total: 337 hits
ReferencesLink to record
Permanent link

Direct link