Court Data Regulation (2015:729)

Original Language Title: Domstolsdataförordning (2015:729)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:729

/Entry into force: 01/01/2016

General provision



paragraph 1 of this regulation, see supplementary regulations concerning the processing of personal data within the scope of the data Act (2015:728).



The terms used in this regulation have the same meaning as in the Act and tilllämpningsområde. With the Court or the Court for the purposes of this regulation, a court, a general administrative court or a lease and tenancy Board.



Access to personal data



section 2 of the controller responsible for it within the authority procedures for assigning, modification, removal and regular monitoring of permissions for access to personal data.



Search restrictions



Search in the general courts



3 § Use of the General Court under paragraph 15 1 judicial data law (2015:728) of the search terms that reveal crimes or suspected crimes may not concern consultation of personal data in civil cases. The use of such search terms must not refer to searching personal information in case or cases that have been decided by a final judgment or a decision five years after the end of the calendar year in which the decision was final.



section 4 of the personal names, social security numbers, coordination number, and other information that can be directly attributed to a natural person who is alive may not be used as a search term when searching personal data in criminal cases that have been decided by a final judgment or a decision five years after the end of the calendar year in which the decision was final.



Search in the General administrative courts



§ 5 Use in general administrative court according to paragraph 15 2 judicial data law (2015:728) of search terms which reveal health, crime or suspected crime may not concern consultation of personal data in the proceedings of the Court of appeal or by a migration.

The use of such search terms must not refer to searching personal information in case that has been decided by a final judgment or a decision 20 years after the end of the calendar year in which the decision was final.



Exception to search the prohibitions



section 6 of the prohibitions contained in sections 3 to 5 do not apply to search in a specific document, or in a particular case or matter.



Direct access



When is direct access allowed



7 § Direct access under section 17 of the Court data law (2015:728) may be granted only in the cases specified in sections 8-12 and with the additional restrictions under section 13 apply for direct access to personal information in cases that have been settled definitively.



Direct access by the appeal section 8 when a case or case appeal, the lower court which tried the case or matter may allow higher court instances, direct access to the personal data in the case or matter and to personal information in other matters relating to the contested case or matter.



§ 9 when a case or case may be appealed to a higher court may allow the lower court instances that have tried the case or matter directly access to the personal data in the case or matter and to personal information in other matters relating to the contested case or matter.



section 10 for the purposes of sections 8 and 9, an application for revision or if restitutio in integrum or a lament over the domvilla treated as an appeal.



Direct access to the case-law



section 11 of the Supreme Court and courts of appeal may allow a public court or a lease and lease Committee direct access to judgments and decisions. The Supreme Administrative Court and Chamber rights may grant a general administrative court for direct access to judgments and decisions. Direct access may also refer to 1. information on the parties and their agents, assistants or defender,



2. data on fulfillment, notification, appeal and final



3. information about the matter, 4. case meaning,



5. indication of the context of other goals,



6. a summary of the judgment or order, 7. information about judges, administrators and other officials of the Court, and



8. other information directly related to a judgment or order.



Direct access in the context of contingency operations



section 12 of the Courts which together involved in preparedness may grant each other access to the personal data needed for the processing of the cases covered by contingency operations.



Additional limitation by directly accessing the final completed cases and cases



13 § when a case or matter has been settled definitively by a judgment or order that has a legal effect, direct access to the personal data in the case or matter are allowed only 1. during the six months after the date on which the judgment or decision was given force of law by directly access according to §§ 8 to 10, and



2. during the twenty years after the judgment or decision was given the force of law for direct access in accordance with section 11.



Authorization



section 14 courts administration may announce details relating to access to personal data. 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 data requirements for education and experience.



Courts may also announce 1. additional rules on data a list referred to in section 11 of the judicial data law (2015:728);



2. the regulations on the limitation of the possibilities to provide personal information on the medium of automated processing, 3. more detailed rules relating to the limitation of the possibilities to provide personal information by direct access and access control and security when such disclosure, 4. additional regulations on restrictions on the processing of personal data relating to a case or matter has been settled definitively by a judgment or order that has a force of law, and



5. the additional requirements necessary for the enforcement of judicial data law (2015:728) and this regulation.



Transitional provisions



2015:729



1. this Regulation shall enter into force on January 1, 2016.



2. the provisions of paragraph 3, second sentence, section 4, section 5, second sentence, and paragraph 13 of the about the limitations of search and direct access in terms of final completed cases and cases apply for the first time on 1 January 2019.



3. the provisions of paragraphs 7 to 12 of direct access are applied in general administrative courts for the first time on 1 January 2018.



4. The regulation repeals Regulation (2001:639) if record-keeping etc. at general courts with the help of automated processing, Ordinance (2001:640) if record-keeping etc. at administrative law with the help of automated processing, Ordinance (2001:641) if record-keeping etc. at the Supreme Administrative Court and Chamber the dishes with the help of automated processing and Regulation (2001:642) if record-keeping etc. at lease and tenancy committees with the help of automated processing.



5. The provisions of paragraph 5 of the repealed Ordinance (2001:639) if record-keeping etc. at general courts with the help of automated processing and in section 5 of the Ordinance (2001:640) if record-keeping etc. at administrative law with the help of automated processing still applies until 30 June 2017.