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Ordinance On The Protection Of Personal Data In The Framework Of Police And Judicial Cooperation In Criminal Matters Within The European Union And The Schengen Cooperation

Original Language Title: Bekendtgørelse om beskyttelse af personoplysninger i forbindelse med politisamarbejde og retligt samarbejde i kriminalsager inden for Den Europæiske Union og Schengen-samarbejdet

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Table of Contents

Chapter 1 Preliminary provision

Chapter 2 Relationship for the processing of personal data

Chapter 3 Treatment of information received for other purposes

Chapter 4 Data quality mev.

Chapter 5 Entry into force

Confescation of the protection of personal data relating to police cooperation and judicial cooperation in criminal matters within the European Union and the Schengen cooperation ;

Purses of section 72 a in Law No 429 by 31. May 2000 on the processing of personal data, as amended by law no. 188 by 18. In March 2009, and taking account of the Council's framework decision of 27. In November 2008 on the protection of personal data relating to police cooperation and judicial cooperation in criminal matters shall be :

Chapter 1

Preliminary provision

§ 1. The provisions of section 2 to 10 shall apply in relation to personal data exchanged or made available between a Danish and a foreign authority in the context of police cooperation and judicial cooperation in matters of criminal law in the case of the European Union and Schengen cooperation.

Paragraph 2. The provisions of section 2-10 shall apply to the processing of personal data, which are carried out in whole or in part by means of electronic data processing, and for the non-electronic processing of personal data that is or will be contained in a register.

Paragraph 3. The provisions of section 2-10 shall not apply to operations carried out for the police and defence services of the police and defence.

Chapter 2

Relationship for the processing of personal data

§ 2. The code for processing of personal data shall apply.

Paragraph 2. The processing of information on racial or ethnic background, political, religious or philosophical beliefs, trade union affiliations and information on health and sexual relations according to section 7 (7) of the law. 6 may not occur unless the treatment is strictly necessary.

Paragraph 3. The provisions laid down in Chapter 9 of the law shall apply. Facial applications for the furlust. 1 shall be submitted to the data controller. However, in the case of operations carried out by the courts, applications shall be submitted to the Commissioner for the proceedings.

Paragraph 4. The provision in the section 37 of the law on enrichment, etc. shall apply.

Paragraph 5. The data controller shall keep a record of the information provided for in Article 43 (3) of the law. 2, no. 1, 2 and 4-6, and the list shall be made available to the public.

Paragraph 6. Statutory duty under the law of the law, regardless of whether the data controller has received incorrect information from foreign authorities.

Paragraph 7. Where a foreign authority has been compensating for damage caused by the use of incorrect information received from a Danish authority, the Danish authority, the foreign authority, shall be reimbursed for the purposes of : a potential responsibility of the foreign authority.

Chapter 3

Treatment of information received for other purposes

§ 3. Personal data received from or made available by a foreign authority may only be treated for the following purposes other than those referred to or made available to them :

1) the prevention, investigation, detection or prosecution of criminal offences or the enforcement of criminal sanctions in the case of criminal offences or penalties other than those referred to in the case of the criminal offence ; available,

2) other legal and administrative procedures directly related to the prevention, investigation, detection or prosecution of criminal offences or the enforcement of criminal sanctions ;

3) the disposal of an immediate and serious threat to public security ; or

4) any other purpose in the prior authorisation of the forwarding authority or with the consent of the data subject.

Paragraph 2. Treatment must also be carried out in historical, statistical or scientific purposes, where the information is made anonymous.

Paragraph 3. Treatment must not take place in breach of specific restrictions on the processing of further information provided for by the law applicable to the forwarding foreign authority when the forwarding authority draws attention to the limitations.

§ 4. Personal data received from or provided by a foreign authority may only be disclosed to third countries or to international bodies if :

1) it is necessary for the prevention, investigation, detection or prosecution of criminal offences or the enforcement of criminal sanctions ;

2) the receiving authority of the third country or the receiving international body shall be responsible for the prevention, investigation, unveiling or prosecuting criminal offences or of a thorn of criminal sanctions,

3) the disclosure of the foreign authority has given its approval to pass on these in accordance with its national law ; and

4) the third country or international body concerned shall ensure an adequate level of protection for the proposed treatment of the information.

Paragraph 2. Disclosure without prior approval pursuant to paragraph 1. 1, no. 3, may only be done if :

1) the disclosure of the information is essential to the prevention of an immediate and serious threat to public security in a third country or country within the European Union or within the European Union or of the Schengen Agreement ; or

2) the disclosure of information is essential to the essential interests of a country within the European Union or within the Schengen area.

It is a condition of the transfer that prior approval cannot be obtained in time, and the foreign authority that should have given its approval must be informed immediately.

Paragraph 3. Notwithstanding paragraph 1 1, no. 4, may personal data be disclosed if :

1) the law provides for this because of :

a) the specific legitimate interests of the data subject, or

b) legitimate important interests, in particular important public interests, or

2) the third country or the receiving international body gives guarantees of safety which the susceptible authority considers sufficient in accordance with its national law.

Paragraph 4. The assessment of the level of protection referred to in paragraph 1. 1, no. 4, shall be sufficient, on the basis of all the conditions which affect the disclosure or type of disclosure of information.

§ 5. Personal data received from or made available by a foreign authority may only be disclosed to private persons if :

1) the relevant foreign authority has authorised the disclosure, in accordance with its national law,

2) the specific legitimate interests of the data subject are not obstructed ; and

3) disclosure of information in special cases is crucial to the data controller passing on the information to a private person, for reasons of :

a) the execution of a task assigned to it by law ;

b) the prevention, investigation, detection or prosecution of criminal offences or the enforcement of criminal sanctions ;

c) the disposal of an immediate and serious threat to public security ; or

d) the prevention of serious infringements of the rights of individuals.

Paragraph 2. The data controller that conveys the information to a private person shall inform this of the purposes of the information solely for use.

§ 6. If the foreign authority which has passed or made personal data available, requests a briefing on the processing of this information, the data controller shall give such information to such information.

Chapter 4

Data quality mev.

§ 7. Personal data shall be rectified if they are incorrect and if possible and if necessary complemented or updated.

Paragraph 2. Personal data shall be deleted or made anonymous when they are no longer necessary for the purposes for which they have been collected or processed in a lawful manner. However, the personal data should not be deleted, but will be blocked if there is a reasonable reason to believe that a delete may affect the legitimate interests of the data subject. Blocked information must be processed only for the purposes that did so that they were not deleted.

Paragraph 3. Personal data may be transferred to the storage of archive in accordance with the rules of the archive legislation.

Paragraph 4. Where personal data are contained in a judgment or a register linked to the issue of a judgment, the rectification must be carried out according to the rules of the law of the law.

§ 8. The data controller shall organize the processing of personal data in such a way as to establish appropriate time-limits for the deletion of personal data or regular examination of the need for the storage of the information. It shall also be ensured in procedural measures that the deadlines are met.

§ 9. The data controller shall take all reasonable steps to ensure that personal data are not disclosed or made available if they are incorrect, incomplete or not up to date. For this purpose, the data controller will verify the quality of the personal data, prior to disclosed or made available. In the case of all disclosure of information, information should be added as far as possible, which will enable the foreign authority to assess whether the information is accurate, complete, updated and reliable.

Paragraph 2. If it is found that incorrect personal data has been passed, or that the information is disclosed, this shall immediately be communicated to the foreign authority. The information must be rectified, deleted or blocked immediately.

Paragraph 3. If personal data are received from or made available by the foreign authorities, the data controller shall immediately assess whether the information is necessary for the purpose for which they were discontinued.

§ 10. The data controller must, with a view to verifying the data processing, and to exercise self-control and ensure integrity and security, record or document each disclosure of personal data. The registration or documentation shall include, inter alia, information on :

1) to which bodies have been or may have been passed on or made personal data available by means of data communication equipment ; and

2) the personal data that has been loaded into the computer systems, when and by whom.

Paragraph 2. Registrations to be carried out or documentation drawn up pursuant to paragraph 1. 1, shall be forwarded to the Data Protection Board on its request for the purpose of checking data protection. In the case of the courts, the transfer shall be disclosed after point. One, to the Courts Board. The Data Protection Agency and the Court of Justice shall use this information only with a view to the control of data protection and to ensure proper data processing and integrity and security of data.

Chapter 5

Entry into force

§ 11. The announcement will enter into force on the 27th. November, 2010.

Ministry of Justice, the 25th. November 2010

Lars Barfoed

/ MohammAhsan