The Swedish ISP Bahnhof has received an order from PTS, the Swedish equivalent of FCC, commanding Bahnhof to, among other things, answer all requests from the police to hand over stored customer traffic data regardless of the penalty for the crime in question. If they don't do so within a week they will face a penalty of 5 million SEK which is equivalent to about 616 000 USD.
I've translated an article from ComputerSweden:
The ISP Bahnhof has at several occasions refused to hand out subscription information even though the police has requested it. PTS now states that Bahnhof has to hand out the information within week, otherwise waits a penalty of five million crowns.
The Mail- and Telecom Agency, PTS, has been looking at four cases between the middle of december and the beginning of February where Bahnhof has not handed out information about subscriptions that the Police Agency has requested.
Bahnhof has motivated its refusal with the fact that they solely hand out information about subscriptions if there is a suspicion of a more serious crime and has referred to the EU court.
The ISP has introduced a routine where the Police Agency has had to fill in the suspected crime the case is about and not processed it if the penalty is below six months of prison.
But Bahnhofs interpretation of the legal situation does not hold up according to PTS. The EU court has commented on the requirements regarding data storage and how it should be formed. But here it is, according to PTS, about whether Bahnhofs obligation to hand out information that exists at the company, and not about Bahnhofs obligation to store traffic data.
The provision in the law about electronic communication is namely "not directly connected to the obligation to store traffic data and more but statutes an obligation to ISPs to hand out the information about subscriptions that the ISP actually has, regardless if the ISP possesses these due to the storage obligation or due to other reason", writes PTS in their order.
Now Bahnhof has to hand out the information by the 7th of april or otherwise waits a penalty of five million crowns.
Translation of the first page of the order:
Network security department
Order to on request hand out data about subscriptions.
Order to at penalty according to 7 kap. 5 § law (2003:389) about electronic communication (LEK); question about obligation to on request hand out information about subscriptions in conjunction with suspected crime.
The Mail- and Telecom Agency's decision
The Mail- and Telecom Agency (PTS) orders Bahnhof AB (Bahnhof) to, at a penalty of 5 million (5000 000) crowns, at latest by the 7th of april 2016,
- hand out the information about subscriptions that the Police Agency requested the 15th of december 2015, the 26th of januari 2016, the 2 of February 2016, the 5th of February 2016 and the 8th of February 2016, see appendix 6 and 15, and
- make sure that information about subscriptions that has been requested by the Police Agency or other agency that will intervene against the crime in the cases where it is a question about suspicion of crime henceforth will be handed out, regardless of the crimes potential penalty.
This order is valid according to 8 kap. 22 § LEK immediately.
Note that I am not used to translating legal terms...