Replace: The Swedish authorities answered our protocol request – Weblog
For the reason that occasions of the search warrant by the Swedish police at Mullvad’s workplace in Gothenburg, we’ve got tried to pay money for paperwork and protocols tied to the operation.
That is what the authorities got here again with.
On 18th April no less than six law enforcement officials from the Nationwide Operations Division (NOA) of the Swedish Police visited the Mullvad VPN workplace in Gothenburg with a search warrant. They left without taking anything and without any customer information.
Since then, Mullvad has requested the search warrant signed by the prosecutor, in addition to the home search protocol by the police (which is obligated to be drawn in accordance with Swedish legislation). We requested the paperwork to higher perceive why the police selected to go to us with a search warrant presently. In all of the years up till now it has been clear to them that they don’t seem to be capable of seize non-existing information.
We’ve now obtained a response from the Swedish Prosecution Authority and the prosecutor answerable for the operation, who informed us that the search warrant was a call made in worldwide authorized cooperation with Germany. Nonetheless, the Swedish Prosecution Authority doesn’t need to give any extra particulars and we weren’t given any protocols on the subject of confidentiality.
See the letter from the prosecution workplace in its entirety under:
Translation:
“Concerning your request for copies of choices and stories
The Swedish Prosecution Authority has obtained a request for a global
judicial cooperation from one other state, Germany, concerning a case ongoing in
that state. In accordance with this request, on February 17, 2023, I granted a
search of the premises of Mullvad VPN AB and Amagicom AB. This determination
was applied on April 18, 2023.
In line with Part 17, Chapter 18 of the Swedish Public Entry to
Info and Secrecy Act, secrecy applies in actions referring to judicial
cooperation on the request of one other state for info referring to an
investigation in accordance with the provisions on preliminary investigation in
prison circumstances or issues that concern coercive measures, if it may be assumed
that it was a prerequisite for the opposite state’s request that the knowledge
shouldn’t be disclosed.
Your letter additionally states that the query has beforehand been raised with the
Swedish Prosecution Authority concerning this occasion. Sadly I can discover
no such request or inquiry.”
We’ve not obtained any extra info from the Nationwide Operations Division (NOA) of the Swedish Police, however they gave an interview on Swedish television (SVT). The Swedish tv additionally obtained a remark from the German prosecutor:
“In line with Paul Pfeiffer, prosecutor within the metropolis of Rostock in northern Germany, the operation was linked to a blackmail assault that hit a number of municipal establishments within the state of Mecklenburg-Western Pomerania in October 2021. On account of the assault, the establishments weren’t capable of perform their duties.
– In the course of the investigations, that are nonetheless ongoing, an IP tackle was discovered that led to the VPN service Mullvad. The investigation isn’t directed in the direction of the VPN service, the prosecutor writes in an e-mail.”
Within the tv characteristic, the Swedish police (NOA) additionally solutions the query “You despatched six law enforcement officials to Mullvad and also you did not pay money for something, as a result of the info you requested didn’t exist. Would you continue to say it was a profitable operation?”
NOA: “Based mostly on the investigation order we obtained, we contemplate that we did what they requested.”
Throughout the home search we argued that they (NOA) had no motive to anticipate finding what they have been searching for and any seizures would subsequently be unlawful. After demonstrating that that is certainly how our service works and them consulting the prosecutor, they left with out taking something and with none buyer info.
Nonetheless, had they taken one thing, it will not have given them entry to any buyer info.
These are the nationwide legal guidelines that makes it attainable to run a privacy-focused VPN service in Sweden:
Digital Communications Act (2022:482) (LEK) Doesn’t apply to Mullvad VPN AB
In line with LEK’s definitions, LEK doesn’t apply to Mullvad since we, as a VPN service supplier aren’t considered an digital communications community nor an digital communications service.
Act (2012:278) on Assortment of Information in Digital Communication within the Crime Combating Authorities’ Intelligence Service (IHL)
This legislation can solely be used to request person information from companies having the LEK reporting obligation. This implies authorities can not use LEK nor IHL to request info from Mullvad.
The Swedish Code of Judicial Process (1942:740) (RB)
In line with this, a search of premises could also be instigated not simply on the person who’s suspected on cheap grounds however on anybody, offered that there’s a factual circumstance and that it may be tangibly demonstrated that there’s a cheap expectation of discovering objects topic to seizure, or different proof of the offense in query. Objects may additionally be seized if they’re believed to have significance for the investigation.
Abstract
Since Mullvad VPN by legislation isn’t required to gather any information associated to our customers’ actions on-line – and because the pure objective of our service is to guard customers from assortment of such information – it’s in our curiosity, our clients curiosity, all our staff and house owners’ curiosity to not acquire any information and subsequently there isn’t any cheap grounds to doubt that we don’t acquire any information about our customers’ actions on-line.
Learn all about our no-logging and privacy policies.