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The Law On The Police Intelligence Service (Pet)

Original Language Title: Lov om Politiets Efterretningstjeneste (PET)

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Table of Contents
Chapter 1 Tasks
Chapter 2 Provisioning of information
Chapter 3 Surveys
Chapter 4 InvestiResearch and Enforcement
Chapter 5 Internal processing of information
Chapter 6 Dissemination of information
Chapter 7 Legal policy company
Chapter 8 Rules for insights and so on
Chapter 9 Oversight with the Intelligence Services
Chapter 10 Entry into force and transitional provisions

Law on Intelligence Service (PET)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Chapter 1

Tasks

§ 1. The Police Intelligence Service has a job to do.

1) prevent, investigate and counteract crimes against the independence and security of the state, as well as crimes against the state constitution and the supreme state authorities, etc., cf. Penal Code Chapters 12 and 13,

2) to prevent, investigate and counteract other serious crimes which threaten national or international order of society ;

3) prepare threat assessments ;

4) assist the other police,

5) keep the Minister of Justice informed of the importance of the internal security of the country, where matters of significant importance in the activities of the intelligence services and on important individual cases,

6) be a national security authority and advise and assist public authorities and private security matters, including assist in the case of personal security investigations,

7) protect persons, organisations and authorities ; and

8) perform other tasks which, in accordance with the law, have been placed on the line of duty.

Paragraph 2. The Minister of Justice may decide that other tasks related to the provisions of paragraph 1 shall be those of the Member States. 1, no. One-eight, mentioned, report to the Police Intelligence Service.

§ 2. The Police Intelligence Service is making an annual statement about his company to the attorney general. The decision shall be made public.

Chapter 2

Provisioning of information

§ 3. The Office of the Police Office may collect and obtain information that may have an impact on the activity of the service.

§ 4. In the case of a request from the Office, other administrative authorities shall disclose information to the service, if the service considers that the information to be relevant to the tasks of the service relating to the service is to be carried out ; the prevention and investigation of infringements of Chapter 12 and 13 of the penal code.

Chapter 3

Surveys

§ 5. Police Intelligence may initiate investigations into physical and legal persons if the investigations may be considered to be relevant to the operations of the service concerning the prevention and investigation of infringements of the other duties of the penal code, Chapters 12 and 13, or are necessary to carry out the service of the service.

Chapter 4

InvestiResearch and Enforcement

§ 6. In the case of police intelligence, investigation and forced intervention, and so on, the rules are applied in the law on law.

Chapter 5

Internal processing of information

§ 7. For the processing of personal data, section 3, section 5, section 11 (1). 1, and sections 14, 41 and 42 of the Act on Processing of Personal Data.

Paragraph 2. The Police Intelligence Service may process any person's information if processing

1) is done by consent,

2) be assumed to be relevant to the taking of the service's tasks relating to the prevention and investigation of infringements of Chapter 12 and 13 of the penal code ;

3) is necessary for the taking of the service's other duties.

Paragraph 3. The Minister of Justice may lay down detailed rules on the processing of personal data by the Police Intelligence Service.

§ 8. For the treatment of information on legal persons, sections 3, 5, 14, 41 and 42 of the Act on Processing of Personal Data shall apply mutatis muth.

Paragraph 2. The Police Intelligence Service may examine any information concerning legal persons, if processing ;

1) is done by consent,

2) be assumed to be relevant to the taking of the service's tasks relating to the prevention and investigation of infringements of Chapter 12 and 13 of the penal code ;

3) is necessary for the taking of the service's other duties.

Paragraph 3. The Minister of Justice may lay down detailed rules on the processing of the Police Intelligence Service by the data on legal persons.

§ 9. The Office ' s Intelligence Service shall, unless otherwise provided by law or regulation, to delete information on natural or legal persons provided in the framework of investigations or investigation aimed at such information ; persons when no investigation or investigation has been provided with new information in the last 15 years.

Paragraph 2. Deletion of information in accordance with paragraph 1 1 may be omitted if the essential considerations of the operations of the Police Intelligence Service are to be carried out in accordance with the requirements of the Police Intelligence Service. § 1, make it necessary.

Chapter 6

Dissemination of information

§ 10. The Police Intelligence Service may disclose information to the Defense Intelligence Service, the disclosure of which may be relevant to the tasks of the service.

Paragraph 2. For the transmission of personal data to other Danish administrative authorities, private, foreign authorities and international organisations, Section 7 shall apply. In addition, section 8 (4) is found. 2, in the case of the processing of personal data, if it is in 1. Act. the disclosure referred to shall relate to personal data as referred to in section 7 (2). Paragraph 1 and Article 8 (1). 1, on the processing of personal data.

Paragraph 3. For the disclosure of information concerning legal persons to other Danish administrative authorities, private, foreign authorities and international organisations, Section 8 shall apply.

Paragraph 4. Dissemination of information as referred to in paragraph 1. 2 and 3 can only be done if the transfer of a specific assessment may be deemed to be acceptable.

Chapter 7

Legal policy company

§ 11. Lawful political activities practised by someone in this country, who are physically resident, cannot, for themselves, justify the fact that the Police Intelligence Service deals with information on the person concerned.

Paragraph 2. The provision in paragraph 1 shall be Paragraph 1 does not deter the Office ' s Intelligence Service from handling information about a person's political activity in order to clarify whether the company is legal.

Paragraph 3. The provision in paragraph 1 shall be Paragraph 1 does not deter the Office ' s Intelligence Service from the processing of information on political associations and organisations to include information about who is the management.

Chapter 8

Rules for insights and so on

§ 12. A natural or legal person does not have the right to know information on whom the Intelligence Service deals with the person, or the right to know whether or not the service is handling information on them.

Paragraph 2. If special circumstances speak for it, the Intelligence Service may provide an entire or partial insight into information as provided for in paragraph 1. 1.

§ 13. A natural or legal person may request the Oversight with the Intelligence Services, cf. section 16 (4). 1, to check whether the service is unjustified by the person concerned about the person concerned. The monitoring ensures that this is not the case and then shall then notify the relevant information.

Paragraph 2. In the case of special circumstances, the supervision of the Services authorities may impose an entire or partial insight into information as referred to in section 12 (3). 1.

Paragraph 3. A person who is notified in accordance with paragraph 1. 1 is not entitled to a new message until 6 months after the last message.

§ 14. The Police Intelligence Service is exempt from the law of public opinion in the administration. However, section 6 (2) shall apply. One, in the law of public opinion in the administration. The activities of the Police Intelligence Service are also exempt from Chapter 4-6 of the Administrative Code and on the processing of personal data, cf. Section 2 (2). 11, on the processing of personal data.

Paragraph 2. The Minister may decide that Chapter 8-10 of the Act on Processing of Personal Data and Chapters 4 to 6 of the Administrative Act shall apply in full or in part to the processing of personal data of the Police Intelligence Service concerning the service of the services ; its own staff matters and safety-approval cases.

§ 15. Provisions in the legislation, etc. relating to the obligation to provide information shall not apply to information about remuneration provided by the funds subject to the special review procedure for the Office ' s Intelligence Service. Such remuneration shall not be included in the taxable income or the basis for the calculation of social benefits and so on.

Chapter 9

Oversight with the Intelligence Services

§ 16. A monitoring of the intelligence services comprising five members appointed by the Minister for Justice after negotiation with the Minister of Defence.

Paragraph 2. The President, who is to be a national judge, is appointed by the nomination of the Presidents of the Eastern Lands; and the West Land of the Republic. Members will be appointed for four years. One Member has the right to rebeckment for another four years. In addition, rebeckering cannot take place.

Paragraph 3. The Minister of Justice cannot revoke a member's figure, unless the Member himself asks for or the preconditions for the Member's decrement lapse.

Paragraph 4. Oversight shall take the necessary secretarial assistance.

Paragraph 5. The supervision shall establish its own rules of procedure.

§ 17. The supervision exercises its functions in full independence.

§ 18. Oversight shall ensure that the Office ' s Intelligence Service complies with the rules in section 3, 4 and 7-11 and rules issued in accordance with it. The supervision shall also carry out the tasks referred to in section 13.

§ 19. In the course of its activities, the supervision may be delivered to the Office ' s Intelligence Service.

Paragraph 2. The Oversight shall inform the Minister of Justice of the opinion of the Minister, in accordance with the opinion of the Minister, of the opinion.

Paragraph 3. If the Office ' s Intelligence Service, exceptionally, does not decide to follow a recommendation in a statement from the supervision, cf. paragraph 1, the service shall inform the supervision of this subject and, without undue delay, present the matter to the Attorney General for a decision.

20. The monitoring of the Police Intelligence Service may require any information and material that is of importance to its business.

Paragraph 2. The members and secretariat of the Member State shall at any time be given due legitimacy without a court order of access to all premises from which a treatment is administered to the Office ' s Intelligence Service, from which access to the information is available ; treated as a treatment or where technical aids are stored or used.

Paragraph 3. The Board may, in writing, call for the Office ' s Intelligence Service Written statements on actual and legal matters.

Paragraph 4. The Commission may request that a representative of the Office ' s Intelligence Service be present in order to make a statement on the matters dealt with.

§ 21. The enterprise is exempt from the law of public access to management. However, section 6 (2) shall apply. 1, in the law of public opinion in the management of supervision.

Paragraph 2. The undertaking ' s undertaking shall be exempt from Chapter 4-6 of the Administrative Act and the processing of personal data.

§ 22. The SEC emits an annual report of his company to the attorney general. The decision shall be made public.

Chapter 10

Entry into force and transitional provisions

-23. The law shall enter into force on 1. January 2014, cf. however, paragraph 1 2.

Paragraph 2. The members of the Oversight Services will be able to be appointed with effect from 1. September, 2013. The supervision of the Intelligence Services may take the secretarial assistance in accordance with the provisions of the Secretariat. section 16 (4). 4 when the members of the synet are designated.

Paragraph 3. Applications for access to documents submitted before the entry into force of the law shall be determined in accordance with the rules in force.

Paragraph 4. In the first order of members for the supervision of the intelligence services, cf. Section 16, the two members of the Member States shall be appointed for a period of two years, with the right to rebeckering for four years. The other 3 members, including the President, shall be appointed for a period of four years, with the right to rebeckering for four years.

§ 24. In the rule of law, cf. Law Order no. 1008 of 24. In October 2012, as last amended by Section 2 of Law No 429 of 1. May 2013, the following changes are made :

1. § 116 revoked.

§ 25. The law does not apply to the Faroe Islands and Greenland, but can, in the case of the Faroe Islands and Greenland, be in force in full or in part, with the changes that the ferry or Greenlandic conditions have been amended.

Givet at Christiansborg Castle, the 12th. June 2013

Under Our Royal Hand and Segl

MARGRETHE R.

-Morten Bødskov