Immigration Data Regulation (2016:30)

Original Language Title: Utlänningsdataförordning (2016:30)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:30

/Entry into force: 02/12/2016

General provision



paragraph 1 of this regulation, see supplementary regulations concerning the processing of personal data within the scope of the immigration data law (2016:27).



The terms used in this regulation have the same meaning and to-lämpningsområde as in the law.



The migration agency's register of fingerprints and photographs



section 2 of the migration agency's register of fingerprints and photographs may only contain fingerprints and photographs as well as information on the data subject's name, personal or coordination number, date of birth, gender, citizenship or other identifying information.



section 3 of A task in the migration agency's register of fingerprints and photographs to screen when the Registrant becomes a Swedish citizen. In other cases, screening no later than ten years after the date the task was created.



Access to personal data



paragraph 4 For the assignment of permissions for access to personal data, it shall in particular be taken into account that, in addition to the need for information, education and experience requirements.



paragraph 5 of the immigration service may provide details relating to the access to personal data of persons active within the Agency.



The Swedish Migration Board may also, after giving the Government offices (Ministry of Foreign Affairs) the opportunity to be heard, give details relating to access to personal data processed by the judiciary during the migration agency's data protection responsibilities under section 9, second sentence, immigration data law (2016:27).



section 6 of the police authorities may communicate the details relating to the access to personal data of persons active within the Agency.



section 7 of the immigration service, Police and judiciary responsible for it within their own authority procedures for assigning, modification, removal and regular monitoring of permissions for access to personal data. The Immigration Agency is also responsible for the existence of such procedures in the judiciary for the processing of personal data during the migration agency's data protection responsibilities under section 9, second sentence, immigration data law (2016:27).



Direct access



section 8 Direct access to personal data by the Migration Board according to section 19 of the immigration data law (2016:27) may be granted only to the extent set out in sections 9 to 13.



section 9 Police direct access shall be limited to the personal information that is necessary for the purposes set out in section 11 of 1 – 4 and paragraph 2 the immigration data law (2016:27).



section 10 Utlandsmyndigheternas direct access shall be limited to the personal data that authorities need for the purposes referred to in section 11 1 immigration data law (2016:27).



paragraph 11 of the security police direct access shall be limited to the personal information that the authority may require to carry out their tasks in accordance with the Aliens Act (2005:716), the Act (1991:527) on special immigration control and law (2001:82) for Swedish citizenship.



section 12 of the insurance and Pensions Authority's direct access shall be limited to the personal data that authorities need in their business as a basis to assess or determine any benefit, compensation or other assistance to an individual, or as required in a case if the corresponding payment.



Direct access may only refer to the indication of



1. name, social security number and, where appropriate, coordination number,



2. evidence of residence permits, work permits or right of residence,



3. day of decisions on residence permits, work permits or issuing of residence cards and details of each period, as residence permits or work permits have been granted for or residence card is issued for, 4. entry date,



5. the date of application for a residence permit, work permit or residence card,



6. in particular, the evidence referred to in Chapter 5. the third subparagraph of paragraph 4 of the Immigration Ordinance (2006:97),



7. residence permits have been granted to the individual as a refugee pursuant to Chapter 4. section 1 or any other in need of protection pursuant to Chapter 4. 2 or 2 a of the Aliens Act (2005:716) or the equivalent older provisions,



8. that status explanation has been granted pursuant to Chapter 4. 3 c § Aliens Act or the equivalent older provisions,



9. the residence permit has been granted by the individual for the purposes of study or as a member of the family of such a person, and



10. decision concerning the withdrawal of a residence permit or work permit, the date from which the residence permit or work permit is revoked and the date on which the decision on the revocation of a residence permit or work permit has a legal effect.



paragraph 13 of the tax agency's direct access shall be limited to the personal data necessary for the processing of an application for an identity card under the Act (2015:899) about identity cards for residents in Sweden.



Direct access may only refer to the indication of



1. the name and social security number,



2. length,



3. photography,



4. signature,



5. type of travel document, travel document number and period of validity, and



6. proof of residency.



section 14 of the immigration service may announce 1. more detailed rules relating to the limitation of the possibilities to provide personal information by direct access, and



2. regulations on what is required in terms of permissions and security in order to directly access to personal data by the Immigration Agency to be granted those authorities listed in section 19 of the immigration data law (2016:27). Direct access to the data shall not be granted before the Swedish Migration Board is satisfied that the receiving authority meets the requirements on competence and safety.



Transfer of personal data to third countries



section 15 personal data processed for the purposes specified in section 12 of the Immigration Act, 1 data (2016:27) may be transferred to a third country only if the data are not directly point out the registered.



Separation



section 16 of the Immigration Office may, after giving the Government offices (Ministry of Foreign Affairs) the opportunity to comment, provide for separation of the personal data processed by the judiciary during the migration agency's data protection responsibilities under section 9, second sentence, immigration data law (2016:27).



Security measures



section 17 of the Swedish Migration Board may, after giving the Government offices (Ministry of Foreign Affairs) the opportunity to comment, provide for security measures to protect personal data processed by the judiciary during the migration agency's data protection responsibilities under section 9, second sentence, immigration data law (2016:27).



Other provisions



section 18 of the Swedish Migration Board may announce further provisions on the enforcement of immigration law (2016:27) and this regulation within the Agency's area of responsibility.



section 19 of the police authorities may announce further provisions on the enforcement of immigration law (2016:27) and this regulation within the Authority's remit.



20 § Before the Migration Board or the Police Department announces the rules under this regulation in matters relating to the specific risks of infringement of personal privacy, the notifying authority shall provide the Data Inspection Board the opportunity to comment.