Prosecution Data Law (2015:433)

Original Language Title: Åklagardatalag (2015:433)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:433

/Entry into force: 01/01/2016

Chapter 1. The law's purpose and scope



The policy of the law



§ 1 the aim of this law is to give the public prosecutor's Office and the Swedish national economic crimes Bureau (the prosecution) to process personal data in an appropriate manner in their operational activities 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 the operational activities of the prosecution if 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.



The law does not apply to the processing of personal data in the police operations at the Swedish national economic crimes Bureau.



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.



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 sections about the purposes of the operation, 3. Chapter 2. section 9 of the access to personal data,



4. Chapter 2. section 10 on the conservation and thinning, and



5. Chapter 3. 1 and 2 sections of shared data available.



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. section 3 on definitions, 2. section 8 of the relationship to the principle, 3. section 9, with the exception of the first paragraph and the third subparagraph, if the basic requirements for the processing of personal data,



4. section 22 on the processing of personal number, 5. 23 and 25 to 27 sections of information to the data subject, 6. section 28 for correction, 7. sections 30 and 31, and paragraph 32 of security of processing, 8. 33-35 § § 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. 43 and 44 section, paragraph 45 and 47 § if the powers of the supervisory authority, 12. 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.



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 public prosecutor's Office and the Swedish national economic crimes Bureau are responsible for the processing of personal data by the Agency.



section 4 of the public prosecutor's Office and the Swedish national economic crimes Bureau shall each 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.



Purpose



paragraph 5 of the personal data may be processed in the prosecution law enforcement activities if necessary to



1. prevent or prevent criminal activity,



2. the investigation or prosecution of criminal offences, or



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



Personal data may also be processed in prosecution operations if necessary to a Prosecutor to perform functions other than those referred to in the first subparagraph 1 – 3, and that prosecutors have in accordance with provisions laid down by law or regulation.



section 6 of the personal data processed pursuant to section 5 may also be treated when it is necessary to provide the information needed for law enforcement activities 1. The Prosecutor's Office, the Swedish national economic crimes Bureau, Police, secret service, customs service, Coast Guard and the tax office, or



2. a foreign authority, an agency of the European Union or an international organization.



Personal data processed pursuant to section 5 may also be treated if it is necessary to provide information to Parliament and the Government and, 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 purposes for which the data was collected for.



section 7 of the personal data may be processed if the



1. it is necessary for registration, or



2. information has been provided to the prosecution of a complaint or the like, and the processing is necessary for the proceedings.



The processing of 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 any other basis, 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



§ 9 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.



Retention and deletion



section 10 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.



Personal data processed automated in a case may not be treated in prosecution operations when it has passed five years after the end of the calendar year in which the case was closed by the Prosecutor, or, if the question examined by the Court, from the end of the calendar year in which the Court's decision was final.



Personal data processed automated and that cannot be related to a case for screening no later than one year after the end of the calendar year in which they were treated automated first time.



section 11 of the Government or the authority that the Government can, with the support of Chapter 8. section 7 of the Constitution provide for 1. to information in certain case types or certain categories of data may be processed in prosecution operational activities over a longer period than set out in section 10, second paragraph, 2. that personal data, by way of derogation from the third subparagraph of paragraph 10, may be kept for historical, statistical or scientific purposes, or 3. digital archiving.



Disclosure of personal information and the obligation to provide data



section 12 of the personal data necessary to produce justice statistics shall be submitted to the authority responsible for the production of such statistics.



section 13 If it is compatible with Swedish interests, personal data may be communicated to Eurojust, Interpol or Europol or to a law enforcement agency or Prosecutor in a State that is connected to Interpol, if necessary, to the recipient of the data to prevention, detection, investigation or prosecution of criminal offences.



Personal data may also be communicated to a foreign authority or international organisation, whether the disclosure follows from an international agreement as Sweden after the parliamentary approval has taken office.



section 14 of the public prosecutor's Office, the Swedish national economic crimes Bureau, Police, secret service, customs service, 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 (2009:400), the right to access personal data made available jointly, if the receiving authority needs data in its law enforcement activities.



section 15 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 referred to in paragraphs 12 to 14.



That information may be disclosed are also available in the public access to information and secrecy (2009:400).



Electronic disclosure of personal data



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 personal 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.



Chapter 3. Shared data available



section 1 of This chapter contains specific provisions regarding the processing of personal data carried out or has carried out joint operational activities available in the prosecution. 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 personal information in the operational activities of the prosecution may be made jointly available.



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



Specific disclosures



3 § If data rendered jointly accessible directly attributable to a person who is not a suspect in the crime, by a specific piece of information or otherwise indicate that the person is not a suspect.



Search



4 § in search of personal data have 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 offences or information that describes a person's appearance is used as a search term.



§ 5 when searching on names, social security numbers, coordination number, or other similar identifiers in data made available jointly may such information be developed which specifies that the requested person



1. is or has been suspected of a crime,



2. is suspected to have carried out or come to pursue criminal activities,



3. has reported a crime,



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



5. is the applicant, the defendant or another party, or treated as a party to a case, 6. occurs in a case as a witness or anyone else who provide or have provided information or opinion, 7. is or has been a Prosecutor in the case, or is or has been a public defender or counsel or treated as such, or 8. have submitted or provided a document.



paragraph 6 the provisions of paragraph 5 shall not apply when searching in a specific document, or in a particular case.



The Government, with the support of Chapter 8. section 7 of the Constitution provide for further exemptions from section 5.



section 7 if the investigation against a person has not been opened or has been closed, if the prosecution has closed or if the acquittal judgment has a final order is made, the person will not be searchable as a suspect.



Direct access



section 8 of the public prosecutor's Office, the Swedish national economic crimes Bureau, Police, secret service, customs service, Coast Guard and the tax agency gets in the law enforcement operations are allowed direct access to personal data in the operational activities of the prosecution. 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 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 the details of the extent of direct access and access control and security.



Transitional provisions



2015:433



1. this law shall enter into force on the 1 January 2016.



2. the provisions of Chapter 3. 3 § if specific disclosures and section 7 if the search does not need to apply until 1 January 2018.