Storstockholms Lokaltrafik (SL) – Court Ruling (Sweden, 2023)

The Swedish Privacy Authority (IMY) decided on 21 June 2021 that AB Storstockholms Lokaltrafik (SL) would pay an administrative fine of SEK 16 million under the General Data Protection Regulation of which - SEK 4 000 000 relates to SL's use of body-worn cameras to preventing and documenting threats and violence, through the use of pre-recording technology for one minute, - SEK 8 000 000 relates to SL's use of body-worn cameras to ensure the identity of passengers liable to pay a surcharge, and - SEK 4 000 000 relates to SL's failure to provide information to data subjects. SL first intended to use the body-worn cameras on 4-10 ticket inspectors in the metro during a test period starting from December 2018. Test period was extended and later introduced permanently. The body-worn cameras are used since they became permanent by about 55 ticket inspectors on weekdays and 20 ticket inspectors on public holidays across the network. The technology works as follows a camera and microphone continuously record images and sound. The cameras have a circular memory that allows any video footage older than one minute to be is automatically cleared unless the ticket inspector activates a recording. Then the footage from one minute back from when the recording was activated (so-called automatic pre-recording). The ticket inspector has been instructed to activate recording when the to issue a surcharge or when threatening or violent situations arise. The footage from the camera is uploaded after the shift to a server where it reviewed by a few evidence administrators. The case was appealed to Stockholms förvaltningsrätt, where they dismissed the administrative fine regarding against SL's use of body-worn cameras to preventing and documenting threats and violence, through the use of pre-recording technology for one minute, Förvaltningsrätten considers that the evidence supports that SL's use of body cameras with a one-minute pre-recording is both necessary and propo