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These Data Regulation (2017:458)

Original Language Title: Skattebrottsdataförordning (2017:458)

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/Entry into force: 2017-07-01/

Introductory provisions



paragraph 1 of this regulation are supplementary provisions on the processing of personal data within the scope of these data law (2017:452). The terms used in this regulation have the same meaning and scope of the Act.



2 § When the tax agency is planning new it systems of larger scale or new it systems which are likely to present specific risks for invasion of privacy, the authority shall consult the Data protection authority in good time before a decision is taken. The same shall apply when the tax agency is implementing significant changes in such systems.



In assessing the risk of intrusion into personal privacy, particular attention should be paid to sensitive personal data will be processed.



Access to personal data



Permissions



section 3 of the Revenue Commissioners may provide details relating to the access to personal data of persons active in the Agency's law enforcement activities. For the assignment of permissions for access to personal information, it shall in particular be taken into account that, in addition to the need for information, education and experience requirements.



section 4 of the Swedish tax agency responsible for it within the authority procedures for assigning, modification, removal and regular monitoring of permissions for access to personal information.



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§ 5 when searching under Chapter 3. paragraph 6 of these data law (2017:452) receives information showing that the person sought has previously been suspected of a particular crime is not produced if a court, in a decision that has a legal effect, have dismissed the indictment, announced the acquittal judgment or written off target since the indictment.



The Revenue Commissioners may provide for restriction of access to the data referred to in Chapter 3. section 6 of the first subparagraph, these data law. Particular attention should be given to the individual's right to protection from intrusion into personal privacy. Access to personal data about earlier suspicions of criminal offences to be particularly limited.



section 6 of the tax authority shall keep a list of the officials at the agency that carries out tasks according to Chapter 3.

7 section these data law (2017:452).



section 7 of the tax Board may announce details relating to the conditions under which the search according to Chapter 3. 7 paragraph 2 these data law (2017:452).



Disclosure of data



section 8 If a task in an investigation may be assumed to be significant in a bankruptcy investigation, the task is left to the bankruptcy trustee.



Electronic disclosure of personal data



§ 9 Limitation in Chapter 2. 15 of these data law (2017:452) do not apply to those authorities who may have direct access under Chapter 3. section 8 of that act in respect of personal information that has been made jointly available.



section 10 unless it is inappropriate, more personal information than provided in Chapter 2. 15 of these data law (2017:452) disclosed on the medium of automated processing to



1. The Attorney General,



2. The National Council for crime prevention, 3. Insurance Agency,



4. Enforcement Authority,



5. a trustee, and 6. a public defender or a counsel or treated as such.



Data may not be disclosed to the media for automated treatment if it can be assumed that disclosure would cause the task can be processed in breach of the data protection Act (1998:204).



section 11 of the tax Board may announce details relating to what is required in terms of permissions and security for that authority to permit direct access for the authorities referred to in Chapter 3. paragraph 8 of these data law (2017:452).



Direct access to the data shall not be granted before the tax agency is satisfied that the receiving authority meets the requirements on competence and safety.



Retention and deletion



Digital archiving



12 § When the tax agency archive particulars and documents digitally, the archived data and documents be separated from the Agency's law enforcement activities.

Access to archived data and documents should be limited to specified officials.



The tax office may, after giving the national archives an opportunity to comment, give details relating to the digital archiving.



Conservation and thinning of the data



paragraph 13 of 14 and 15 section provides that certain categories of data in completed investigations may be processed in the tax agency's law enforcement activities after the expiry of the period referred to in Chapter 4. paragraph 6 of these data law (2017:452). The same applies to data in other investigations that are handled according to the provisions of Chapter 23. the code of judicial procedure.



When the data are processed in accordance with sections 14 and 15 may, in addition to what is stated in the rules, the following data:



1. the case number and similar reference data,



2. the criminal codes, and



3. details of the circumstances surrounding the crime.



section 14 of the particulars of a convicted person in a preliminary investigation that has led to the conviction may be processed following the expiry of the period referred to in Chapter 4. section 6 of the first subparagraph, these data law (2017:452), on the treatment of specific reasons are necessary to find the relation between different crimes or potential perpetrators.



The data should be culled later in conjunction with the data on the convicted person culled from criminal records under the Act (1998:620) of load table.



section 15 Information if a person who has been a suspect in an investigation that has been closed or terminated otherwise than through prosecution, in a particular case be treated after the expiry of the period referred to in Chapter 4. the second subparagraph of paragraph 6 of these data law (2017:452), if the processing is necessary for the person to be prosecuted.



The data should be sorted out at the latest when the prosecution no longer may be brought for the offence, or the last seventy years from the day on which the offence was committed in the cases referred to in chapter 35. 2(1) of the Penal Code.



Exemptions from screening



section 16 of the national archives may, after giving the Swedish tax authority the opportunity to comment, provide that data to screen according to Chapter 4. section 3(1) or Chapter 4. paragraph 8 of these data law (2017:452), may be kept for historical, statistical or scientific purposes.



Other provisions



section 17 of the Swedish tax authority may provide the additional rules needed for enforcement of these data law (2017:452) and this regulation.



section 18 Before the tax agency Announces rules with the support of


This regulation, the authority shall provide the Data Inspection Board the opportunity to comment on matters involving special risks of intrusion into personal privacy.