The law on offensive photography is found in Chapter 4, Section 6a of the Penal Code, and concerns crimes against freedom and peace. This law complements earlier provisions regarding violation of domestic peace and aims to protect an individual's private sphere from unauthorized intrusion.

The law allows certain exceptions where photography may be considered justified depending on the purpose and circumstances. The crime according to the law is the act of photographing itself, regardless of the content of the images or how they are distributed. An unlawful act is carried out when a photographer takes pictures of someone indoors, either in their own or someone else's residence, without the person being aware of it. A residence is defined here as a place where a person lives permanently over a long period, but can also include temporary accommodations such as hotel rooms or tents.

It is not necessary for the photographer to be inside the residence for it to be illegal; it is enough to take pictures through, for example, a window. Just because someone positions themselves visibly in a window does not give the right to photograph if the person is not aware of it. It is also illegal to secretly photograph in more intimate spaces such as toilets, changing rooms, fitting rooms, and shower rooms. It does not matter if visibility is possible because the person has not closed the door or drawn the curtain properly.

Offensive photography exists only if the photography is done in secret.

Offensive photography is an intentional crime and cannot be committed by accident. If the person being photographed is aware of the photography and it is done openly, it cannot be considered to have been done in secret. Openly photographing at a party in someone's residence is not considered offensive. However, if someone at the party has fallen asleep and is photographed without their knowledge, this can constitute offensive photography. The law does not stipulate that a photographer must always ask for permission before they photograph, even in a public place. It is still allowed to freely photograph without asking for permission, as long as the photographer is not on private property.

Chapter 4, Section 6a of the Penal Code states that for offensive photography, the person who unlawfully, with technical assistance and in secret, takes a picture of someone who is indoors in a residence or in a toilet, in a changing room or another similar space, is punishable by fines or imprisonment for up to two years.

Physically assaulting someone or subjecting someone to disturbing contacts or other reckless behavior constitutes the crime of harassment according to Chapter 4, Section 7 of the Penal Code. Photographing someone can be considered a disturbing contact, but merely taking a picture of someone does not in itself constitute harassment; it must involve substantial harassment, such as continuing to photograph someone despite the person explicitly saying no. In such cases, the act can be considered intentional and aimed at significantly violating the person's peace. The penalty for harassment can be up to one year in prison.

Chapter 4, Section 7 of the Penal Code. A person who physically assaults another or subjects another to disturbing contacts or other reckless behavior is convicted, if the act is likely to violate the victim's peace in a substantial way, of harassment, punishable by fines or imprisonment for up to one year.

Since January 1, 2018, the law on illegal invasion of privacy has been in effect. This crime involves a person spreading images that are sensitive to another person's privacy, which can include information about someone's sexual life or health condition.

For the act to be punishable, it is required that the person spreading the image intentionally wants to harm the person through the distribution. One type of act covered by the provision is, for example, so-called revenge porn.

An illegal invasion of privacy occurs only if the images are spread with the intention of harming the persons depicted.

Chapter 4, Section 6c of the Penal Code. A person who invades someone else's privacy by spreading an image or other information about someone's sexual life, an image or other information about someone's health condition, an image or other information that someone has been subjected to a crime involving an assault against a person, freedom or peace, an image of someone in a very vulnerable situation, or an image of someone's wholly or partially naked body, is convicted, if the dissemination is likely to cause serious harm to the person concerned by the image or information, of illegal invasion of privacy, punishable by fines or imprisonment for up to two years. No conviction shall be made if the act, considering the purpose and other circumstances, was justifiable.

Since images can be considered personal data, this affects photography under the General Data Protection Regulation (GDPR). Personal data is any information that can be linked to an individual and helps identify the person. If identifiable persons appear in an image, the image is therefore considered personal data. Identification need not be immediate and can, for example, occur later through human facial recognition on social media.

The GDPR regulates all handling of personal data from the moment an image is taken and thus digitally recorded. Any further handling of the image requires either consent from the depicted person or a so-called balancing of interests, which becomes relevant when neither consent nor a contract exists.

The GDPR is an EU regulation that applies in all member states, but national laws may introduce certain adjustments. In Sweden, the handling of personal data regulated by the Freedom of the Press Act (TF) and the Fundamental Law on Freedom of Expression (YGL) is not covered by the GDPR. This also applies to the processing of personal data not linked to TF and YGL, if the purpose is journalistic, artistic, literary, or academic.

This means that it is legal to photograph a person whose identity can be identified in a public place if the purpose is journalistic, artistic, literary, or academic or if the images are covered by TF or YGL. Another exception from the GDPR is publishing certificates, which can be applied for from the Media Authority.

The regulation applies not only to images taken after May 25, 2018, but also to older images that are digitally stored and depict living, identifiable persons. Images resulting from artistic activity or having a journalistic purpose are exempt from the GDPR. However, if these images are used in commercial contexts, such as in the marketing of a company or for one/more products, advertising, or in ads, situations may arise where the GDPR becomes applicable, which then requires a contract or consent. A "model release" agreement is an example of such a contract.

I work openly and clearly with a visible flash, which not only makes it obvious when a picture is taken, but also places me close to those I photograph, facilitating direct dialogue after shooting. This proximity, which is not common among all photographers, contributes to increased visibility. If someone expresses strong concern after being photographed, for example due to increased psychological stress or if the person has a protected identity, I always remove the image. If a person reacts negatively and is uncertain, and needs time to think about the removal of an image, I provide my contact details so they can later contact me to discuss the removal of the artistic work from publication and the cessation of its sale.