/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 give the Customs and Excise Department 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 Swedish Customs ' processing of personal data in the law enforcement business, 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.
3 §/expires U: 2017-07-02/
In the law (2000:343) for international police cooperation and in the regulations that the Government has announced in connection with the Act, there are specific provisions on the processing of personal data resulting from international agreements on police cooperation.
In 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 and second subparagraphs are deviating provisions, shall apply instead of the provisions of this law.
3 section/entry into force: 2017-07-02/
In the law (2017:496) for international police cooperation and in the regulations that the Government has announced in connection with the Act, there are specific provisions on the processing of personal data resulting from international agreements on police cooperation.
In 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 and second subparagraphs are deviating provisions, shall apply instead of the provisions of this law. Law (2017:503).
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 11 of the access to 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
The relationship 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. paragraph 3 of the definitions,
2. section 8 of the relationship to the principle,
3. section 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. paragraphs 38 to 41 of the personal data, etc.,
10. paragraph 42 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. Such information need not be provided when personal data are collected in connection with alarms and having regard to the circumstances, it is not the time to provide this information.
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 customs service is personal responsible for the processing of personal data by the Agency.
Data protection officer
section 4 of the Customs and Excise Department should 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 Swedish Customs ' law enforcement activities if necessary 1. prevent, prevent or detect criminal activity,
2. the investigation or prosecution 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, the coast guard and the Revenue Commissioners,
2. law enforcement activities of a foreign Government or international organization,
3. activities of the prison system to prevent crime and maintain security, 4. other activities of the Customs and Excise Department is responsible for, if there are special reasons to provide information,
5. a regulatory activity
a) if the Customs and Excise Department 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 provided to the customs service of a notice or similar and the processing is necessary for the proceedings.
Personal data from carriers
8 § personal information that has been provided to the customs service from carriers pursuant to Chapter 4. section 6 of the Customs Act (2016:253) or section 15 of the Act (1996:701) of Swedish Customs ' powers at the Swedish border with another country within the European Union may be processed to the extent permitted by law and only to the extent necessary for the planning of control activities and the selection of control objects.
If necessary in an individual case, such personal data may be processed for any other purpose specified in section 5 and made joint available.
§ 9 in search of personal data referred to in paragraph 8 of the first paragraph, name, social security number, coordination number, and other similar identifiers be used as search terms only if the data relates to a person who 1. is or has been suspected of a crime,
2. is suspected to have carried out or come to exercise such criminal activities referred to in Chapter 3. 2 paragraph 1, or
3. be monitored under the conditions set out in Chapter 3. section 2, first subparagraph 2.
For personal information that has been made available collectively, the provisions on search in Chapter 3. 5 – 7 sections.
Sensitive personal data
section 10 of the data concerning 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.
Access to personal data
section 11 of the 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 12 If it is compatible with Swedish interests, personal data may be communicated to
1. Interpol,
2. Europol,
3. a law enforcement agency or Prosecutor in a State that is connected to Interpol, or
4. a customs authority or coastguards in the European economic area (EEA).
Such personal information may be provided if necessary for the authority or organisation to prevention, detection, investigation or prosecution of criminal offences.
Data may also be communicated to a foreign authority or international organisation, whether the disclosure follows from an international agreement to which Sweden is a party after parliamentary approval.
paragraph 13 of the Police, the security police, the Swedish national economic crimes Bureau, the public prosecutor's Office, the coast guard and the tax agency has, 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.
section 14 of the Government, with the support of Chapter 8. section 7 of the Constitution provide that personal information may be disclosed even in cases other than those specified in §§ 12 and 13.
That information may be disclosed are also in publicity and secrecy Act (2009:400).
section 15 of the personal data necessary to produce justice statistics shall be submitted to the authority responsible for the production of such statistics.
Electronic disclosure
section 16 of the Single 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 17 of the 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. Shared data available
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 Swedish Customs ' 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 data needed for monitoring of a person, if he or she (a)) likely to commit the offence for which it is prescribed imprisonment for two years or more, and (b)) are serious criminal loaded.
3. the information contained in a case if the investigation or prosecution of offences.
4. Information needed to fulfill international commitments, if required to the current obligation to be fulfilled.
5. information that has been reported to the Swedish Customs ' communications center.
Access to information made available jointly with the support of the first subparagraph of paragraph 2 shall be limited to specified officials whose task it is to work with the monitoring.
Information that a person is subject to surveillance,
be made available to others.
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. Has made available the personal data jointly with the support of 2 paragraph 2, this shall be indicated in particular.
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. The same is true for data on persons referred to in section 2, first subparagraph 2.
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. supervised under paragraph 2 2, 5. has reported a crime,
6. is the plaintiff in a case involving the liability of a crime,
7. occurs in a case as a witness or other that provide or have provided information or opinion;
8. have submitted or provided a document,
9. have been assessed to be able to meet an intervention with serious violence, or
10. is wanted.
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 for four years or above, or for such purposes as referred to in section 2, first paragraph 2, 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, the coast guard and the Revenue Commissioners may be granted direct access to personal data in the Customs Service's law enforcement activities. Direct access may only refer to personal data which are 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. paragraphs 3 and 4 If the information has not been made available collectively,
2. paragraphs 5 to 7 of data in cases where the investigation or prosecution of crimes which have been made available jointly, and
3. sections 9 and 10 of other information that has been made jointly available 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 6, 7, 9 and 10 section,
2. personal data, by way of derogation from paragraph 3, 9 and 10 sections, 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 cases where the investigation or prosecution of offences.
section 4 of Chapter 4. section 8 of the Customs Act (2016:253) and section 16 of the Act (1996:701) of Swedish Customs ' powers at the Swedish border with another country within the European Union lays down rules on the storage and destruction of some of the data from transport companies.
Common facts available in matters concerning the investigation or prosecution of offences
section 5 of the 6 and 7 sections set out how long personal information in some cases if the investigation or prosecution of a crime that has made common available may be kept in the Swedish Customs ' law enforcement activities.
section 6, If a complaint will be dismissed on the grounds that the alleged offence does not constitute a criminal offence, the personal data contained in the notification is no longer treated in Swedish Customs ' law enforcement activities. If a complaint not otherwise have led to investigation or other equivalent description, personal data may not be processed in the customs
law enforcement activities when the prosecution no longer may be brought for the crime.
section 7 If a preliminary investigation has led to indictments or other judicial review, the personal data in the investigation are not addressed in the Swedish Customs ' law enforcement operations 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 Swedish Customs ' law enforcement operations 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 8 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
9 § personal information which has been made available jointly in accordance with Chapter 3. 2 paragraph 1 or 2 shall be pruned according to the second to fourth paragraphs.
Data can be assumed to be associated with such criminal activities as set out in Chapter 3. 2 paragraph 1 shall expires at the latest three years after the end of the calendar year in which the registration was made in respect of the person. Data can be assumed to be associated with criminal activities involving the offence for which it is prescribed imprisonment for 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 processed in connection with the surveillance referred to in Chapter 3. 2 paragraph 2 for screening no later than 10 years after the end of the calendar year of the most recent registration in respect of the person was.
The time during which a suspect or supervised person is serving a prison sentence or subjected to a term of youth custody or offenders with special utskrivningsprövning shall not be counted for the purpose of calculating the periods referred to in the second and third paragraphs.
section 10 of the personal data made available jointly in accordance with Chapter 3. 2 paragraph 4 or 5 to screen in accordance with the second or third paragraph.
Data that has been processed with the support of Chapter 3. 2 paragraph 4 for screening no later than one year after the end of the calendar year in which the matter for which the data was ended.
Data that has been processed with the support of Chapter 3. 2 paragraph 5 for screening no later than one year after the end of the calendar year in which they were treated automated first time.
Transitional provisions
2017:447
1. this law shall enter into force on 1 July 2017.
2. by law repeals Act (2005:787) on the processing of data in the Customs Service's law enforcement activities.
3. The following provisions of this Act do not need to apply until 1 January 2019 a) Chapter 3. 6 and 7 sections about searching, Chapter 4, section b). §§ 6 and 7 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 (c)) 4. section 8 if the search.
