Confidentiality re documents and information


International Legal Assistance in Criminal Matters Act (2000:562)

Chapter 5. Other provisions

Conditions regarding limitation on use, etc.

Section 1

If a Swedish authority has received information or evidence from another state in accordance with an international agreement that is binding on Sweden and which contains conditions that restrict the possibility to use the information or evidence in connection with the investigation of an offence or in legal proceedings by reason of an offence, Swedish authorities shall comply with the conditions notwithstanding what is otherwise prescribed by statute or other enactment.

Chapter 5. Other provisions

Exemption from banking secrecy

Section 10

A person who is under an obligation to observe secrecy according to Chapter 1, Section 10, first paragraph of the Banking Business Act (1987:617), Chapter 1, Section 8, first paragraph of the Securities Business Act (1991:981), Chapter 1, Section 5 of the Financing Operations Act (1992:1610) or Chapter 2 Section 19 first paragraph of the Act on Investment Funds (2004:46) may nonetheless provide information in matters concerning legal assistance relating to examination in conjunction with preliminary investigations in criminal matters or search of premises and seizure.

Rome Statute

Article 93 Other forms of cooperation


(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.