Court Data Law (2015:728)

Original Language Title: Domstolsdatalag (2015:728)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:728

/Entry into force: 01/01/2016

The policy of the law



§ 1 the aim of this law is to give the general courts, administrative courts and the public rental and lease the boards ability to process personal data in an appropriate manner in their judicial and law enforcement operations and to protect people against their personal integrity is violated by such treatment.



The scope of the law



section 2 of this Act apply to the processing of personal data in general courts, administrative courts and the public rental and lease judicial boards and law enforcement activities. The law also applies where personal data are further processed in the administrative activities to be disclosed upon request.



The law applies only 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 or in the regulations as the Government has announced in connection with the law are different rules, they shall apply instead of the provisions of this law.



The relationship to the personal data Act



section 4 unless otherwise specified in section 5 of this Act, apply in place of the person-uppgiftslagen (1998:204).



§ 5 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. section 9 on essential requirements on processing of personal data,



4. section 22 of the treatment of social security numbers,



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, 40 and 41 § § if the data protection officer, etc.,



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



11. paragraph 48 for damages.



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



Purpose



section 6 of the personal data may be processed if necessary for the handling of cases.



section 7 of the personal data processed in accordance with section 6, may also be treated if necessary to carry out reporting that is done in accordance with law or regulation.



Access to personal data



§ 8 access to personal information shall be limited to that which every 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.



Privacy responsibility



section 9 apply to an ordinary civil court, a general administrative court or a lease and lease Committee is responsible for the processing of personal data by the Court or the Board performs.



Data protection officer



section 10 the controller shall designate one or more personal.



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



List of personal data processing operations



section 11 of The data protection officer who is going to keep a list of processing operations carried out under this Act.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify rules on what information such a list should contain.



Information to the public



section 12 of the controller to promptly and adequately disclose the processing operations carried out under this Act to any person who requests it.

The information shall include the information as a list referred to in section 11. The controller, however, is not required to disclose classified information or details of the security measures that have been taken.



The processing of sensitive personal data



paragraph 13 of the Information if 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.



Search restrictions



section 14 In search of personal data, it is prohibited to use as a search term data revealing



1. racial or ethnic origin, 2. political opinions,



3. religious or philosophical beliefs, 4. Trade Union membership,



5. health, 6. sexual life, 7. national affiliation, or



8. crimes or suspected crimes.



The use of particular designations for the identification of a specific goal or case type search terms are not covered by the prohibition laid down in the first subparagraph.



section 15 of the prohibition in section 14 of the first subparagraph shall not apply to the use



1. in the ordinary court of search terms which reveal criminal offences or suspected offences, and



2. in the General Administrative Court of search terms which reveal health, crimes or suspected crimes.



The prohibition provided for in paragraph 14 of the first paragraph does not apply when searching in a specific document, or in a particular case or matter.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide for the restriction of the ability to use the search terms specified in the first subparagraph.



Electronic disclosure of personal data



16 § Personal information may be disclosed to the media for automated treatment if it is not inappropriate.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify additional regulations on the limitation of the possibilities to provide personal information on the medium for automated processing.



17 § Direct access may be granted only



1. a court,



2. a general administrative court,



3. a lease and the lease, or



4. a party or a party's agent, Attorney or lawyer.



Direct access pursuant to the first subparagraph 4 shall relate only to the personal data in the party's goals or case.



The Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify additional regulations on the restriction of the right of access referred to in the first subparagraph and on access and security for such access.



Personal data in completed cases and cases



section 18 of the Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution notify additional regulations on the restriction of the processing of personal data relating to a case or matter which was settled by a judgment or order that has a legal effect.



Appeal



section 19 of the regulatory authority's decision under this Act or under the provisions of the personal data Act (1998:204) specified in § 5, if different from the regulations may be appealed to the administrative court. Leave to appeal is required for an appeal to the administrative court.



section 20 of The law, District Court or administrative legal decision for information under section 12 or information to the data subject in accordance with section 26 of the personal data Act (1998:204) and if the rectification and notification to third parties in accordance with paragraph 28 of the same Act may be appealed to the administrative court. A Chamber judgment in such matters may be appealed against to the Supreme Administrative Court.



The Supreme Court and the Supreme Administrative Court's decision in the matters referred to in the first subparagraph may not be appealed.



section 21 of A lease and lease Committee's decisions on matters referred to in section 20 of the first paragraph may be appealed to the administrative court. Leave to appeal is required for an appeal to the administrative court.



section 22 decisions other than those referred to in paragraphs 19 to 21, or in section 47 the personal data Act (1998:204) may not be appealed.



By the decision of the Court of appeal in administrative matters referred to in section 47 Privacy Act requires leave to appeal for an appeal to the administrative court.