These Data (2017:452)

Original Language Title: Skattebrottsdatalag (2017:452)

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/Entry into force: 2017-07-01/

Chapter 1. The law's purpose and scope



The policy of the law



§ 1 the aim of this law is to provide the tax office to process personal data in an appropriate manner in their law enforcement activities and to protect people against their personal integrity is violated by such treatment.



The scope of the law



section 2 of this Act shall apply in the case of the tax agency's treatment of personal information in law enforcement activities, if the treatment is completely or partially automated or if the personal data form part of a filing system or are intended to form part of a structured set of personal data that are available for searching or compilation according to specific criteria.



section 3 of the Act (2013:329) with certain provisions concerning the protection of personal data in police and judicial cooperation in criminal matters in the European Union, and in the regulations that the Government has announced in connection with the Act, there are specific provisions on the processing of personal data in the framework of police cooperation and judicial cooperation in criminal matters has been transferred from or made available by



1. a State which is a member of the European Union (EU),



2. Iceland, Norway, Switzerland or Liechtenstein,



3. an EU agency, or



4. an EU information systems.



Where the provisions set out in the first paragraph are discrepant provisions, shall apply instead of the provisions of this law.



The law applicable to legal persons



section 4 provisions relating to personal information in the following paragraphs also applies to the processing of data on legal entities:



1. Chapter 2. 3 § If data protection responsibilities,



2. Chapter 2. 5-7 § § where the purposes of the processing,



3. Chapter 2. section 10 of the availability of personal data,



4. Chapter 3. 2 and 3 sections on shared data available, and



5. Chapter 4. about conservation and thinning.



The law building



section 5 of Chapter 2. There are general provisions concerning the processing of personal data.



For personal information made or have been made available jointly applies also to Chapter 3.



In Chapter 4. There are provisions on the preservation and screening of personal data.



Chapter 2. General provisions relative to the personal data Act



§ 1 unless otherwise specified in section 2 of this Act, apply in place of the personal data Act (1998:204).



2 § When personal data are processed in accordance with this Act, or in accordance with the rules given in connection with the Act, the following provisions of the personal data Act (1998:204): 1. section 3 on definitions,



2. section 8 of the relationship to the principle, 3. § 9 on essential requirements on processing of personal data, with the exception of the first paragraph in) and the third paragraph,



4. section 22 on the processing of personal number or co-ordination number, 5. 23 and 25 to 27 sections of information to the data subject,



6. section 28 of the rectification,



7. paragraphs 30 and 31, and paragraph 32 of security of processing,



8. paragraphs 33 to 35 on the transfer of personal data to third countries,



9.38 to 41 sections on personal accommodation, 10. 42 section for information to the public on some treatments,



11. paragraphs 43 and 44, paragraph 45 and 47 § if the powers of the supervisory authority,



12. paragraph 48 for damages, and



13. paragraph 51, paragraph 52 and 53 § on the appeal.



If personal information for screening under this Act, or in accordance with the rules given in connection with the Act, does not apply the second subparagraph of paragraph 8 of the Privacy Act.



Information pursuant to section 23 of the Act need not be given in the treatment that consists of the collection of personal information through pictures or sound.



The prohibition under section 44 or 45 of the Swedish personal data Act cannot be reconciled with a penalty.



Privacy responsibility



section 3 of the Revenue Commissioners is personal responsible for the processing of personal data by the Agency.



Data protection officer



section 4 of the Swedish tax agency shall designate one or more personal.



The authority shall notify the supervisory authority pursuant to the personal data Act (1998:204) when a data protection officer appointed or dismissed.



Purpose



paragraph 5 of the personal data may be processed in the tax agency's law enforcement activities if necessary to



1. prevent, prevent or detect criminal activity,

2. investigation of criminal offences, or



3. fulfilment of the obligations arising out of international commitments.



section 6 of the personal data processed pursuant to section 5 may also be treated when it is necessary to provide the information required in



1. law enforcement activities of the police, the security police, the Swedish national economic crimes Bureau, the public prosecutor's Office, customs service and Coast Guard,



2. law enforcement activities of a foreign Government or international organization,



3. other activities that the tax agency is responsible, if it can be assumed that the information needed in a case in the business;



4. a governmental activities



(a)) if the tax agency under the law or regulation is required to assist the Agency with certain task, or b) if the information is provided under the myndighetsöverskridande cooperation against crime.



Personal data processed pursuant to section 5 may also be treated if it is necessary to provide information to Parliament and the Government, as well as, to the extent that the duty to disclose information required by law or regulation, to the other.



In an individual case, personal data shall be processed in accordance with section 5 also processed to provide information for any purpose other than those specified in the first and second subparagraphs, provided that the purpose is not incompatible with the purpose for which the data were collected.



section 7 of the personal data may also be processed on



1. processing is necessary for the registration, or



2. information has been submitted to the Swedish tax agency in a report or similar and the processing is necessary for the proceedings.



Sensitive personal data



§ 8 data on a person shall not be treated solely on the basis of what is known about the person's race or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life.



If a person is treated on other grounds, they may be supplemented with such tasks as referred to in the first paragraph when it is absolutely necessary for the purpose of treatment.

Information referred to in the first subparagraph may also be treated by virtue of section 7.



Data that describes a person's appearance will be designed in an objective manner with respect for human dignity.



Search in the tax database



section 9 of the Act (2001:181) on the processing of information in the tax agency's fiscal operations provides for the tax database. When searching in the tax database that are made in the tax agency's law enforcement activities may be an indication of the name, social security number or co-ordination number be used as a search term.




Access to personal data



10 § access to personal information shall be limited to what each officer needs to be able to fulfil their tasks.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify details relating to access to personal data.



Disclosure of information and the obligation to provide data



section 11 of the personal information may be provided to a foreign Government or international organization, whether the disclosure follows from an international agreement to which Sweden is a party after parliamentary approval.



section 12 of the police, the security police, the Swedish national economic crimes Bureau, the public prosecution service, Coast Guard and customs service have, although confidential under Chapter 21. section 3(1) and 35 Cape. section 1 of the public access to information and secrecy Act (2009:400), the right to access personal data made available jointly, if the receiving authority needs data in its law enforcement activities.



paragraph 13 of the Government, with the support of Chapter 8. section 7 of the Constitution provide that personal information may be disclosed even in situations other than that specified in paragraphs 11 and 12.



That information may be disclosed are also in publicity and secrecy Act (2009:400).



section 14 of the personal information that is necessary to produce justice statistics shall be submitted to the authority responsible for the production of such statistics.



Electronic disclosure



section 15 Individual personal data may be disclosed to the media for automated processing.



The Government, with the support of Chapter 8. section 7 of the Constitution provide that the information may be disclosed in such a medium, even in other cases.



section 16 Disclosure by direct access is allowed only to the extent provided for by this law.



Provisions for direct access, see Chapter 3. section 8.



Chapter 3. Commonly available personal data section 1 of This chapter contains specific provisions regarding the processing of personal data that are made or have been made available jointly in the tax agency's law enforcement activities. Tasks that only a few people have the right to access is not considered to be jointly available.



This chapter does not apply where personal data are processed with the aid of Chapter 2. 7 §.



Personal data may be made available in common



section 2 of the following personal information may be shared:



1. Information that may be assumed to be associated with the suspected criminal activities, if the suspicious activity



a) includes the offence for which it is prescribed imprisonment for one year or more, or



b) is carried out systematically.



2. the information contained in a dossier on the investigation of crimes.



3. Information needed to fulfill international commitments, if required to the current obligation to be fulfilled.



Specific disclosures



section 3 of the common data available to it through a special enlightenment or in any other way shall indicate for which detailed purpose personal data are processed.



section 4 If the information is shared immediately available can be attributed to a person who is not suspected of a crime or to have engaged in or may exercise such criminal activities referred to in section 2, first paragraph 1, it shall, by a specific piece of information or otherwise indicate that the person is not a suspect.



Information about a person that can be assumed to be associated with the suspected criminal activities shall be provided with an explanation of the respondent's credibility and the accuracy of the thing, unless this is unnecessary because of special circumstances.



Search



§ 5 when searching personal information which has been made available collectively, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or concerning health or sex life, not be used as a search term.



The first subparagraph shall not prevent the data that describes a person's appearance is used as a search term.



6 § when searching on names, social security numbers, coordination number, or other similar identifiers in data made available jointly may only such data be generated indicating that the requested person



1. is enrolled for the offence;



2. is or has been suspected of a crime,



3. is suspected to have carried out or come to exercise such criminal activity referred to in section 2 of the first paragraph,



4. has reported a crime,



5. is the plaintiff in a case involving the liability of a crime,



6. occurs in a case as a witness or other that provide or have provided information or opinion;



7. have submitted or provided a document,



8. have been assessed to be able to meet an intervention with serious violence, or



9. is or has been registered as a volunteer in one or several legal entities which may be assumed to be associated with criminal activity.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide for restriction of access to data referred to in the first subparagraph.



Article 7 the provisions of paragraph 6 shall not apply to



1. search for a specific document, or in a particular case, or



2. search of a data collection that has been created to investigate certain offences or certain criminal groups and that only those who are working in the survey have access to.



The provisions of section 6 does not apply to search operations carried out by designated officials and made



1. to prevent, prevent or detect criminal activities involving the offence for which it is prescribed imprisonment of four years or more, or



2. to investigate the offence for which it is prescribed imprisonment of four years or more.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide for the conditions under which searches may take place with the support of the first and second subparagraphs. The Government, with the support of Chapter 8. section 7 of the Constitution provide for further exemptions from paragraph 6.



Direct access



section 8 of the police, the security police, the Swedish national economic crimes Bureau, the public prosecutor's Office, customs service and Coast Guard may be granted direct access to personal information in the tax agency's law enforcement activities. Direct access may only refer to personal information that has been made jointly available.



An authority which has been granted direct access is responsible for access to personal information is limited to what each officer needs to be able to fulfil their tasks.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify the details of the extent of direct access as well as on access and security.



Chapter 4. Retention and deletion of personal information General provisions




section 1 of the personal data shall not be kept for longer than is necessary for one or more of the purposes set out in the Act.



The following paragraphs set out how long data processed automated the far may be kept:



1. paragraph 3 of information which has not been made available collectively,



2.4-6 sections of information in respect of the investigation of crimes that have been made available jointly, and



3. section 8 if other information has been made available in common than that specified in 2.



section 2 of the Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide for



1. certain categories of personal information may be retained in the enforcement activities for longer periods of time than specified in 5, 6, and 8 sections,



2. personal data, by way of derogation from paragraph 3(1) and section 8, may be kept for historical, statistical or scientific purposes, and



3. digital archiving.



Personal data that has not been made joint available



paragraph 3 of the personal data processed and which have not been made available jointly shall, if they are treated in a case, expires later than one year after the matter was closed. If they cannot be related to a case, the data expires later than one year after they were treated for the first time, automated.



The first subparagraph shall not apply to personal data in respect of the investigation of crimes.



Common facts available in matters of investigation of crimes



4 § 5 and 6 §§ indicated how long personal information in some cases on the investigation of crimes that have been made available jointly may be kept in the tax agency's law enforcement activities.



§ 5 If a complaint will be dismissed on the grounds that the alleged offence does not constitute a crime, will receive the personal information in complaint no longer covered in the tax agency's law enforcement activities. If a complaint not otherwise have led to investigation or other equivalent description, personal data may not be processed in the tax agency's law enforcement activities when the prosecution no longer may be brought for the crime.



section 6, If a preliminary investigation has led to indictments or other judicial review, the personal data of the preliminary investigation is not mentioned in the tax agency's law enforcement activities when it has passed five years after the end of the calendar year in which the judgment or decision that was issued on the occasion of the action, was given the force of law.



If an investigation has been closed or terminated otherwise than by the prosecution, the personal details of the investigation are not addressed in the tax agency's law enforcement activities when it has passed five years after the end of the calendar year in which the public prosecutor or the investigating leader's decision was announced.



The first and second paragraphs also applies to personal information in other investigations that are handled according to the provisions of Chapter 23.

the code of judicial procedure.



section 7 If a preliminary investigation against a person has done, if a prosecution has been discontinued or if an acquittal judgment has been given the force of law, the person will no longer be searchable as a suspect.



Other commonly available data



paragraph 8 of the personal data made available jointly in accordance with Chapter 3. 2 § 1 or 3 for screening under the second and third paragraphs.



Data can be assumed to be associated with such criminal activities as set out in Chapter 3. 2 § 1 for screening no later than three years after the end of the calendar year of the registration in respect of the person was. Data can be assumed to be associated with criminal activities that involve crimes for which imprisonment is prescribed in two years or older should be screened later than five years after the end of the calendar year in which the registration was made. If a new registration in respect of the person is made before the end of the screening deadline, need the information if the individual does not screen for as long as any of the information concerning him or her may be kept.



Data that has been processed with the support of Chapter 3. 2 § 3 for screening no later than one year after the end of the calendar year in which the matter for which the data was ended.



Transitional provisions



2017:452



1. this law shall enter into force on 1 July 2017.



2. by law repeals Act (1999:90) concerning the processing of personal data by the tax agency's involvement in criminal investigations.



3. The provision in Chapter 3. paragraph 4(2) if specific information need not apply to data collected before the entry into force of this law.



4. The following provisions of this Act do not need to apply until 1 January 2019



a) Chapter 3. paragraph 4, first subparagraph if specific advice, when it comes to activities other than those which are conducted for a purpose set out in Chapter 2. 5 § 1, b) Chapter 3. 6 and 7 sections about search, c) Chapter 4. 5 and 6 §§ concerning the processing of personal data in crime reports, investigations and other investigations are dealt with in accordance with the provisions of Chapter 23.

the code of judicial procedure, and d) Chapter 4. section 7 if the search.

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