Law (2014:400) If Police Elimination Database

Original Language Title: Lag (2014:400) om Polismyndighetens elimineringsdatabas

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:400

Purpose



section 1 of the police authority shall keep a register of DNA-profiles

in order to strengthen the quality of the forensic operations

with DNA-analyses (Elimination database) in accordance with this

team.



Data in elimination database may only be processed for

the detection and investigation of contamination in DNA analysis and

the handling of DNA traces.



The concepts of DNA profile and DNA analysis used in the law have

the same meaning as in police data Act (2010:361).

Law (2014:600).



The relationship to the personal data Act



section 2 of this Act are in addition to the personal data Act (1998:204).



Content



3 § elimination database may contain DNA profiles from

persons specified in §§ 8 and 9 and that by coming in

contact with the material or samples shall be subject to

DNA analysis or premises where such analysis is carried out at risk

to contaminate these.



A DNA profile entered in the database may only provide

information on the identity and not about personal qualities.



In addition to DNA profiles, elimination database contain

information about who the DNA profile is for.



Processing of data in the database



4 § A DNA profile that has been developed during the investigation of the

crimes and that cannot be attributed to an identifiable person

may at one point compared with the DNA profiles in the

Elimination database. The comparison should be made before comparison

made with other DNA profiles in the DNA registers is regulated in

Chapter 4. Police data Act (2010:361).



A DNA profile from the sample taken pursuant to Chapter 28.

the code of judicial procedure, at one point compared with the

DNA-profiles in elimination database. Refers to a DNA profile

suspicious, the comparison to be done before the profile is added into the

investigatory records or DNA registry which is regulated by 4

Cape. Police data Act.



A DNA profile that has been developed to ensure the quality of the

Forensic DNA analysis operations and not related

to the forensic activities may be compared with

DNA-profiles in elimination database.



Privacy responsibility



paragraph 5 of the police authority is responsible for the treatment

Elimination of personal data in the database. Law (2014:600).



section 6 of the law enforcement agency shall designate one or more

the personal data for the processing of personal data in

Elimination database.



The authority shall notify the supervisory authority referred to in

personal data Act (1998:204) when a data protection officer

appointed or dismissed. Law (2014:600).



Access to data



section 7 access to personal data is restricted to what

each officer need to fulfil their

work tasks.



Sampling



section 8 staff members of the police authority and other recurring

may come into contact with and thereby run the risk of

contaminating materials used in DNA analysis, samples

shall be subject to DNA analysis or premises where such

analyses are performed, is obliged to provide samples for DNA analysis in

the purpose of the DNA profile to be recorded in the

Elimination database. The test is taken in the form of the saliva sample.

Law (2014:600).



section 9 in order to gain access to a room in which the DNA traces from

crime scenes are handled or stored, even those who do not

subject to section 8 but which threatens to contaminate the local,

samples shall be subjected to DNA analysis or materials

used for DNA analysis required to provide samples for DNA analysis

for the purpose of DNA profile will be registered in

Elimination database. The test is taken in the form of the saliva sample.



section 10 a sample for DNA analysis that have been supported by 8

or section 9 shall not be used for any purpose other than the

that sample was taken, and shall be destroyed not later than six months

After the sample was taken.



Thinning



§ 11 Data in elimination database to screen when the

no longer needed to investigate whether a person's DNA can have

contaminated materials, samples or premises.



Data relating to employees of the Police Department to screen

no later than two years after the relative who founded

the obligation to leave the trial ended.



Data which have been recorded pursuant to section 9 for screening

at the latest one year after the data was recorded.



Data relating to persons other than those referred to in the second and third

pieces for screening no later than one year after the

relative who founded the obligation ceased.

Law (2014:600).



Rectification and indemnity



section 12 of the provisions of the personal data Act (1998:204) about

rectification and damages shall apply mutatis mutandis at the

the processing of personal data under this law or under

regulations referred to in section 13 or 14.



Additional regulations



paragraph 13 of the Government or the authority, as the Government determines

may announce further provisions concerning the

categories of staff at the Police Department and the other

categories of persons under section 8 that is required to submit samples

for DNA analysis to elimination database. Law (2014:600).



section 14 of the Government or the authority, as the Government determines

Announces rules on access to

Elimination database, and the procedure for compliance

between a DNA profile in elimination database and another

DNA profile.



15 repealed by law (2014:600).



16 repealed by law (2014:600).



Transitional provisions



2014:400



1. this law shall enter into force on 1 July 2014.



2. A DNA profile that was registered before 1 July 2014 in

the purpose of detecting and investigating contamination at

DNA analyses and handling of DNA traces must be recorded in the

Elimination database where the data subject consents to it.

The DNA profiles are not registered in the elimination database

for screening no later than 1 January 2015.



3. DNA profiles from employees at the Swedish National Police Board,

the police authorities and the national laboratory of forensic science

recorded in the elimination database may

31 december 2014 at one point compared with the DNA-profiles

in the track table that is regulated in Chapter 4. Police data Act

(2010:361). A correspondence between a DNA profile in

Elimination database and a DNA profile in the track log,

not be investigated further.