Legislation for forensic investigative genetic genealogy in Sweden

Abstract

Sweden was in 2019 the first country outside of North America to use forensic investigative genetic genealogy (FIGG) in solving a crime. However, further use of the method was inhibited in 2021 by the Swedish Authority for Privacy Protection Authority (IMY), following a mandatory prior consultation process. This decision was due to a considered lack of legislative support as well as issues regarding the transfer of sensitive personal data to a third country. Subsequently, method implementation was put on hold awaiting necessary legal review and amendments. In July 2024, the Swedish Justice Department presented a legal bill on the Police Authority use of FIGG, with only slight changes in relation to the considerations presented by a previous national committee on law enforcement use of biometrics. The legislation distinctly passed parliament vote February 2025 and it will gain force on July 1, 2025. Due to its sensitive nature the use of FIGG will be limited to the most severe offences; murder and aggravated rape, as a last resort and only following a prerequisite of “absolute necessity”. This paper describes the coming legislation on the use of FIGG in Sweden, discussing some parts of the constitutional comments and limitations seen, and describing implementation of FIGG within Swedish law enforcement.