Team (2013:329) With Certain Provisions Concerning The Protection Of Personal Data In Police And Judicial Cooperation In Criminal Matters In The European Union

Original Language Title: Lag (2013:329) med vissa bestämmelser om skydd för personuppgifter vid polissamarbete och straffrättsligt samarbete inom Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:329

The policy of the law



section 1 of this Act are implemented Council framework decision 2008/977/JHA

of 27 november 2008 on the protection of personal data

processed in the framework of police and judicial

cooperation (the data protection framework decision).



The scope of the law



section 2 of this Act apply to the processing of personal data in

activities the purpose of which is to prevent, prohibit or

detecting criminal activities, investigation or prosecution of criminal offences

or the execution of criminal penalties, if the information

in the framework of police cooperation and judicial cooperation in criminal matters

made or have been made available or transferred, or has

transferred between a Swedish authority and



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.



When the Swedish authorities transmit personal data to or

make such information available to those referred to in the first

paragraph 1-4 apply only to the provisions of §§ 3 and 9, with the

restrictions imposed by paragraph 4.



section 3 of the Act apply to the processing of personal data

is completely or partially automated. The law also applies to

other treatment of personal information, if the information is included in the

a structured set of personal data which are

available for searching or compilation under

specific criteria.



4 §/expires U: 2016-01-01-the law does not apply to the processing of personal data

related to national security.



The Act also does not apply to the processing of personal data

made or have been made available or transmitted or

uploaded by



1. the exchange of information relating to the Schengen

information system (SIS),



2. Exchange of information through the customs information system (CIS),



3. the exchange of information with the support of Council decision 2008/615/JHA of

23 June 2008 on the stepping up of cross-border

cooperation, particularly in combating terrorism and

cross-border crime (Prümrådsbeslutet), or



4. access pursuant to Council decision 2008/633/JHA of 23 June

2008 on access to the visa information system

(VIS) by designated authorities of Member States

and by Europol for the purposes of the prevention, detection and investigation

of terrorist offences and of other serious criminal offences.



4 section/entry into force: 01/01/2016/Act does not apply to the processing of personal data relating to national security.



The Act also does not apply to the processing of personal data that are made or have been made available or transmitted or transferred through 1. Exchange of information relating to the Schengen information system (SIS),



2. Exchange of information through the customs information system (CIS),



3. the exchange of information with the support of Council decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Prümrådsbeslutet),



4. access pursuant to Council decision 2008/633/JHA of 23 June 2008 concerning access to the visa information system (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences, or



5. the exchange of information with the support of the European Parliament and Council Directive (EU) 2015/413 dated 11 March 2015 on facilitation of cross-border exchange of offence (CBE), in the original wording. Law (2015:784).



Permissible purposes for processing personal data



paragraph 5 of the Personal data obtained pursuant to article 2 of the first

subparagraph may only be processed for purposes other than those

the data are first transferred or made available to,

If the purpose of reading is to



1. prevent, prevent or detect criminal activity,

investigation or prosecution of criminal offences or the execution of criminal

penalties,



2. take action in judicial or administrative

procedures directly related to the prevention,

preventing or detecting criminal activities, investigation or

prosecution of criminal offences or the execution of criminal penalties,

or



3. stave off an immediate and serious threat to public

Security.



Personal data may also be processed for purposes other than those

referred to in the first subparagraph, if the person who transferred or made

the data available have consented or the

to which the data relate has consented to it.



Personal data may also be processed for historical,

Scientific and statistical purposes.



Transfer of personal data to individual



section 6 of the Personal data obtained pursuant to article 2 of the first

subparagraph may be transferred to any individual if



1. any person who transferred or made the data available have

admitted that they are transferred,



2. transfer is necessary for the



(a)) the authority to carry out a legal

task,



b) prevent, prevent or detect criminal activity,

investigation or prosecution of criminal offences or the execution of criminal

penalties,



c) ward off an immediate and serious threat to public

security, or



d) prevent an individual's rights are seriously violated,

and



3. no legitimate interests pursued by the data refer to

prevents the transmission.



The first subparagraph shall not apply in respect of information provided

to the individual in dealing with criminal matters.



Transfer of personal data to third countries or

international bodies



section 7 of the Personal data obtained pursuant to article 2 of the first

subparagraph shall, in addition to those set out in section 2, first paragraph

1 – 4, be transferred to third countries or international bodies.

However, the data may be transferred only if



1. any person who transferred or made the data available have

admitted that they are transferred,



2. it is necessary to prevent, eliminate or

detecting criminal activities, investigation or prosecution of criminal offences

or the execution of criminal penalties,



3. the receiver is responsible for such activities as specified in 2,

and



4. the State of the receiving authority, or the

receiving international body has an adequate

level of protection for the intended processing of personal data.



If the requirement of an adequate level of protection within the meaning of the first subparagraph 4 do not

is met, the personal data still be transferred in a single

cases where the transfer is justified by a legitimate interest

in the to which the data relate, or of a particularly important

general interest or if the recipient of the individual case

provides sufficient safeguards for

the personal data.



If the consent referred to in the first subparagraph 1 due to lack of time

cannot be obtained in advance, get personal information yet

be transferred if it is necessary to stave off an immediate

and serious danger to public security. The same applies if the

It is necessary to prevent an immediate and serious

danger to other essential interests of Sweden or other

Member State of the European Union.



Terms of usage restrictions



Conditions imposed by other States or agencies



section 8 If a Swedish authority has obtained the information under paragraph 2 of

the first paragraph and there are conditions that limit the

the ability to use the data, the Swedish authorities

comply with the terms and conditions, regardless of what is prescribed by law or

other statutes.



It is stated in the first paragraph shall not prevent the data

After the end of such a period of thinning

specified as a condition for the transfer, if the treatment

needed for an ongoing investigation, prosecution of criminal offences or

enforcement of criminal penalties. The data shall

then culled when they are no longer needed for such a

purposes.

Conditions when Swedish authorities transmit data

or make information available



§ 9 About a Swedish Authority transmits the personal data to or

making personal information available to any of those referred to in

2 paragraph 1 – 4, the authority shall inform the recipient

If the special conditions that apply to use of

the data. The conditions shall not involve other restrictions

than those that apply when transferring within Sweden and may not

either be contrary to an international agreement that is

binding for Sweden.



Other provisions



section 10 of the provision concerning the adjustment of damages in section 48

subparagraph personal data Act (1998:204) does not apply to the

the processing of personal data in accordance with this Act.



section 11 of the Government or the authority the Government determines

announces further regulations on the protection of

personal information under this Act.



Transitional provisions



2013:329



This law shall enter into force on 1 July 2013, but will not be applied

on data transmitted or made available

earlier.