Stockholm Administrative Court orders ISP to provide customers’ details to Swedish police

Over time Swedish internet service provider (ISP) Bahnhof has dismissed several requests for disclosure of customers’ data, making it a matter of principle to protect the privacy of its users .However, in 2016 Bahnhof received a request from the Swedish Post and Telecom Authority (PTS) to hand over details of its customers in a criminal matter.  Further to an appeal brought before the Stockholm Administrative Court and a ruling in favour of PTS, Bahnhof was forced to submit the details of its customers to the authority pursuant to Chapter 7, 5 § of the Swedish Electronic Communications Act (ECA) or risk paying an administrative fine of SEK 5 million. The ISP chose to challenge the decision again following the decision of the Court of Justice of the European Union (CJEU) in Joined Cases C-203/15 and C-698/15 (Tele Sverige AB v Post- och telestyrelsen) (Tele2). There, it was held that national legislation – which for the purpose of fighting crime,…

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