Coast Guard Data Law (2012:145)

Original Language Title: Kustbevakningsdatalag (2012:145)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:145

Chapter 1. The law's purpose and scope



The policy of the law



§ 1 the aim of this law is to give the coast guard the opportunity

to process personal data in an appropriate manner in their

operational activities and to protect people against their

personal privacy is violated by such treatment.



The scope of the law



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

The Coast Guard's operational activities relating to:



1. law enforcement,



2. other maritime surveillance,



3. emergency services,



4. coordination of civilian needs of maritime surveillance and mediation

of civilian maritime information, and



5. international cooperation.



The law, however, applies only if the processing is wholly or

partially automated or if the personal data included in or

are intended to form part of a structured set of

personal data that is available for searching or

compilation according to specific criteria.



Of the Act (2000:343) for international police cooperation and in

regulations as the Government has announced in connection with the

Act, there are specific provisions on the processing of

personal data arising from international agreements.

If in these constitutions are different provisions,

they apply instead of the provisions of this law.



2 (a) of the Act (2013:329) with certain rules relating to the protection of

personal data in police and judicial

cooperation in the European Union, and in the regulations

the Government has announced in adherence to the law, are

the specific provisions on the processing of personal data

as in the framework of police or judicial

cooperation 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 subparagraph are

deviating provisions shall apply instead of

the provisions of this law. Team (2013:342).



section 3 of the following provisions concerning personal data also applies to

the processing of data concerning legal persons:



1. Chapter 2. section 3 of the access to personal data,



2. Chapter 2. section 4 of the data protection responsibilities,



3. Chapter 3. 2 and 3 sections and Chapter 5. 1 and 2 sections where the purposes for

the treatment,



4. Chapter 3. 4 and 5 sections and Chapter 5. 7 section on conservation and thinning,

and



5. Chapter 4. 1, 2, 8-11, 13 and 14 sections on joint available

tasks.



4 section with commonly available information referred to in this law

personal data which are made or have been made in common

available in the Coast Guard's operational activities and that

more than just a few people in authority have the right to

take part of.



section 5 of Chapter 2. There are general rules on the treatment of

personal data.



The provisions of Chapter 3 and 4. applies to the processing of

personal data in the Coast Guard's law enforcement activities.



The provisions of Chapter 5. applies to the processing of

personal data in other business operations than the

law enforcement.



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 under this law or under

regulations that have been issued in connection with the Act, the

the following provisions of the personal data Act (1998:204):



1. paragraph 3 of the definitions,



2. section 8 of the relationship to the principle,



3. section 9 on essential requirements on processing of personal data,

with the exception of the first paragraph in paragrafens) and third

subparagraph,



4. section 22 on the processing of personal number or co-ordination number,



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 at

treatment,



8. paragraphs 33 to 35 on the transfer of personal data to third countries,



9. paragraphs 38 to 41 of the personal data, etc.,



10. paragraph 42 for information to the public about certain

treatments,



11. paragraphs 43 and 44, paragraph 45 and 47 § about

the powers of the supervisory authority,



12. paragraph 48 for damages, and



13. paragraph 51, paragraph 52 and 53 § about

appeal.



If personal information for screening under this law or under

regulations that have been issued in connection with the Act, the

not the second subparagraph of paragraph 8 of the Privacy Act.



Information pursuant to section 23 of the Act need not be

in the treatment that consists of the collection of personal data by

pictures or sounds. Such information need not be disclosed

If the data are collected in connection with the alarm and the

the circumstances did not have time to provide this information.



The prohibition under section 44 or 45 of the Swedish personal data Act shall not

combined with a penalty.



Access to personal data



section 3 of the access to personal information should always be limited to

What every officer needs to be able to fulfil their

work tasks.



The Government or the authority, as the Government determines

announces the availability of

personal data.



Privacy responsibility



section 4 of the coast guard is responsible for the

processing of personal data by the Agency.



Data protection officer



paragraph 5 of the coast guard shall designate one or more

data protection officer.



The controller shall in accordance with the personal data Act

(1998:204), notify the supervisory authority when a

data protection officer appointed or dismissed.



The processing of personal data for processing



section 6, except for the purposes specified in 3 and Chapter 5. get

personal data are processed in the operational activities of



1. processing is necessary for the registration, or



2. the information given in a registration, or similar and

processing is necessary for the proceedings.



The processing of sensitive personal data



section 7 of the data concerning a person shall not be treated solely on the grounds

of what is known about a 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 other grounds, the

be supplemented with such tasks as referred to in the first subparagraph

When it is strictly necessary for the purpose of treatment.

Information referred to in the first subparagraph may also be treated with

under paragraph 6.



Data that describes a person's appearance should be designed in a

objective manner with respect for human dignity.



Disclosure on medium for automated processing



section 8 Single personal information may be disclosed on a medium of

automated processing. Government Announces rules on

that information may be disclosed in such a medium, even in other

case.



9 § Disclosure by direct access is allowed only in the

extent as provided for by this law.



Provisions for direct access, see Chapter 4. section 7, Chapter 5.

§ 5.



Basic requirements for processing



section 10 of the personal data to be processed in such a way that it

clear if treatment related to law enforcement or other

operating activities.



Chapter 3. The processing of personal data in the law enforcement

activities



section 1 of this chapter shall apply when the coast guard deals with

personal information in law enforcement activities. For the treatment

of common available information also applies to Chapter 4.



Purpose



section 2 of the personal data may be processed in the coast guard

law enforcement activities if necessary to



1. prevent, prevent or detect criminal activity,



2. the investigation or prosecution of criminal offences, or



3. the obligations arising out of international

commitments.



paragraph 3 of the personal data processed under may also

be processed if it is necessary to provide the

information needed in



1. law enforcement activities of the police authority,

The Security Police, The Swedish National Economic Crimes Bureau, The Public Prosecutor's Office,

The Customs and Excise Department and the Revenue Commissioners,



2. law enforcement activities of a foreign authority

or international organization,



3. other activities of the coast guard for



a) investigation and decisions in cases involving

water hazard fee, or



b) supervision and control according to law or regulation,



4. another governmental activities



(a)) if the coast guard is required by law or regulation

to assist the Agency with certain task, or



b) if the information is provided in the framework of

myndighetsöverskridande cooperation against crime.



Personal data processed under section 2 may also be treated

If it is necessary to provide the information to the

Parliament and the Government, as well as, to the extent that the obligation

disclosure required by law or regulation, to

other.



In an individual case, personal data processed under paragraph 2 of

also be 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

purpose for which the data were collected. Law (2014:693).



Retention and deletion



4 § personal information shall not be kept for longer than

that is necessary for one or more of the purposes set out in

Chapter.



The following rules specify how long the data processed

automated must be preserved:



1. § 5 If the information has not been made available collectively,



2. Chapter 4. 8-12 sections of information in matters of investigation or

prosecution of crimes which have been made available jointly, and



3. Chapter 4. 13 and 14 sections of other information that has been made

commonly available than that specified in 2.




Government Announces rules on digital archiving.



§ 5 If the personal data processed and which are not

has been made available jointly addressed in a case,

the expires later than one year after the matter was closed. If

they cannot be related to a case, the data screen

no later than one year after they treated automated first

a time.



The first subparagraph shall not apply to personal data in cases where

investigation or prosecution of offences.



The Government or the authority, as the Government determines

informs that personal data, by way of derogation

from the first subparagraph, may be kept for historical, statistical

or scientific purposes.



Disclosure of information and the obligation to provide data



section 6, if it is compatible with Swedish interests, may

personal data submitted to



1. Interpol,



2. Europol,



3. a law enforcement agency or Prosecutor in a State that is

connected to Interpol, or



4. a foreign coast guard or customs authority within

European economic area (EEA).



Personal data may be provided for in the first subparagraph if required

to the agency or organisation should be able to prevent,

detection, investigation or prosecution of criminal offences.



Data may also be communicated to a foreign authority or

International Organization, if disclosure of any

international agreement that Sweden has taken office after

the Riksdag's approval.



section 7 of the police, the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service and tax, despite

confidential under Chapter 21. section 3(1) and 35 Cape. 1 §

public access to information and secrecy (2009:400), the right to take part

of personal data made available jointly, if

the receiving authority needs data in their

law enforcement activities. Law (2014:693).



section 8 Government Announces rules on personal data

disclosed in cases other than those specified in §§ 6 and 7.



That information may be disclosed are also available in

public access to information and secrecy (2009:400).



Chapter 4. Common information available in the law enforcement

activities



Personal data may be made available in common



§ 1 the following personal data may be made available jointly in

The Coast Guard's law enforcement activities:



1. Data can be assumed to be linked with the suspected criminal

activities, if the suspicious activity



a) includes the offence for which it is prescribed prison in

a year or more, or



b) is carried out systematically.



2. the information contained in a case if the investigation or

prosecution of criminal offences.



3. Data needed for compliance with international

commitments, if required to the current-limit

able to be fulfilled.



4. information that has been reported to the coast guard

control centres.



Specific disclosures



2 § in treatment under section to it by special education

or in any other way shall indicate for which detailed purpose

personal data are processed.



§ 3 If the data processed under section directly attributable

to a person who is not suspected of a crime or to have

exercised or come to exercise such criminal activities as

referred to in article 1, first paragraph 1, it shall, by a special

Enlightenment or otherwise indicate that the person is not

suspect.



Information about a person that can be assumed to be associated with the suspected

criminal activities shall be provided with an indication of

the respondent's credibility and accuracy in

thing, unless this is unnecessary because of the Special

circumstances.



Search



4 § in search of personal data carried out jointly

available receives information referred to in Chapter 2. first subparagraph of paragraph 7

not be used as a search term.



The first subparagraph shall not prevent the offences or

data that describes a person's appearance is used as

search terms.



§ 5 when searching on names, social security numbers, coordination number or

other similar identifiers in data

made available jointly may only such data are

forward indicating that the requested person



1. is enrolled for the offence;



2. is or has been suspected of a crime,



3. is suspected to have engaged in or may exercise such

criminal activities referred to in article 1, first subparagraph 1,



4. has reported a crime,



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



6. occurs in a case that witness or another that leaves

or have provided information or opinion;



7. have submitted or provided a document,



8. is reported missing,



9. have been assessed to meet the intervention with coarse

violence, or



10. is wanted.



The Government or the authority, as the Government determines

Announces rules on the restriction of access to such

information referred to in the first subparagraph.



6 § constraints in section 5 does not apply to the



1. search for a specific document, or in a particular case, or



2. search of a data collection that is created to

investigate the specific crime, and that only those who work in

the investigation has access to.



The Government or the authority, as the Government determines

Announces rules on the conditions under which search

may take place pursuant to the first subparagraph.



Government Announces additional regulations on limitations

in section 5.



Direct access



section 7 of the police, the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service and the Revenue Commissioners may be granted

direct access to personal information in the coast guard

law enforcement activities. 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 what each

officials need to be able to fulfil their

work tasks.



The Government or the authority, as the Government determines

Announcing the details of the extent of

direct access as well as on access and security.

Law (2014:693).



Retention of personal data in respect of investigation or

prosecution of offences



section 8 of the 9 and 10 section specifies how long personal information in certain

matters concerning the investigation or prosecution of crimes which have made

commonly available may be kept in the coast guard

law enforcement activities.



§ 9 On a criminal complaint will be dismissed on the grounds that the alleged

the Act does not constitute a criminal offence, the personal data contained in the notification

no longer are treated in the Coast Guard's law enforcement

activity. If a complaint not otherwise have led to

investigation or other equivalent description,

personal data is not processed in the coast guard

law enforcement activities when indictments may no longer be sued for

the crime.



section 10 If a preliminary investigation has led to indictments or other

judicial review, personal data may not be processed in

Coast Guard law enforcement operations when it has

expired five years after the end of the calendar year of the judgment,

or the decision was announced on the occasion of the action, won

the force of law.



If an investigation has been closed or terminated at different

than by the prosecution, the personal data of the preliminary investigation

not addressed in the Coast Guard's law enforcement activities

When it has passed five years after the end of the calendar year

When the Prosecutor or investigating leader's decision was announced.



The first and second paragraphs also applies to the personal information of others

investigations are dealt with according to the provisions of Chapter 23.

the code of judicial procedure.



section 11 of the Government announces that certain categories

of personal data may be kept in the coast guard

law enforcement Affairs for longer than is specified in the

9 and 10 sections.



section 12 If a preliminary investigation against a person has done, if a

the prosecution has closed or if an acquittal judgment

the force has been issued, the person will no longer be searchable

as suspicious.



Conservation and thinning of the other personal data



paragraph 13 of the personal data made available jointly

under section 1, 3 or 4 to screen according to the second to fourth

paragraphs.



Data can be assumed to be associated with such criminal

activity listed in section 1 of 1 for screening no later than three years after

the end of the calendar year in which the registration relating to the person

was. Data can be assumed to be associated with criminal

activities involving the offence for which it is prescribed

imprisonment for two years or more should be culled at the latest five years

After the end of the calendar year in which the registration was made. If

a new registration in respect of the person is made before the end of

screening deadline, need the information about the person

not screening as long as any of the information about him or her

may be kept.



Data that has been processed with the support of 1 § 3 to screen

at the latest one year after the end of the calendar year in which the case

the data was processed in closed.



Data that has been processed with the support of 1 § 4 to screen

at the latest one year after the end of the calendar year in which the

treated automated first time.



section 14 of the Government announces that certain categories

of personal data may be kept for longer than

specified in section 13.



The Government or the authority, as the Government determines

informs that personal data, apart from

section 13, may be kept for historical, statistical or

scientific purposes.



Chapter 5. The processing of personal data in other operating

activities



Purpose and shared data available




section 1 of the personal data may be processed in other operating activities

than the law enforcement if necessary to



1. carry out maritime surveillance to monitor the General

order and security at sea and carry on the control

and supervision that the coast guard is required to perform,



2. carry on civil protection,



3. coordinate the civilian need for maritime surveillance and civil

maritime information to the relevant authorities,



4. investigate and decide in cases of water hazard fee and

receive such fees, or



5. performance of obligations within the framework of international

cooperation with the maritime surveillance and rescue service.



Personal data may be processed in accordance with the first subparagraph,

be jointly available.



section 2 of the personal data processed under section may also be treated

If it is necessary to provide the information

needed in



1. Coast Guard law enforcement operations,



2. another governmental activities



(a)) if the coast guard is required by law or regulation

to assist the Agency with certain task, or



b) if the information is provided in the framework of

myndighetsöverskridande interaction, and



3. similar activities of a foreign authority.



Personal data processed under section may also be treated if

It is necessary to provide the information to the

Parliament and the Government, as well as, to the extent that the obligation

disclosure required by law or regulation, to the other.



In an individual case, personal data processed under section

also be 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

purpose for which the data were collected.



3 § Arises the suspicion of crime or criminal activities when

personal data are processed in the Coast Guard's activities according to

section 1, 3 and 4 shall apply.



Search



4 § in search of personal data, the information referred to in

Chapter 2. paragraph 7 of the first paragraph shall not be used as a search term.



The first subparagraph shall not prevent the data that describes a

person's appearance is used as a search term.



Direct access



§ 5 the Government Announces rules on the Swedish

authorities may have direct access to personal data

treated under section 1. Direct access may only refer to

personal information that has been made jointly available.

Direct access may not relate to the personal data referred to in

Chapter 2. paragraph 7 of the first paragraph. An authority granted

direct access is responsible for access to personal information

limited to what each officer needs to be able to

performance of their duties.



The Government announces that foreign authorities

may have direct access to personal data processed by

under section 1. Direct access may only refer to personal data

made jointly available. Direct access may not

refer to personal data referred to in Chapter 2. paragraph 7 of the first paragraph.



The Government or the authority, as the Government determines

Announces rules on the scope of direct access and

about permissions and security.



Disclosure of data



section 6 of the Government Announces rules on the extent to which

personal data may be disclosed to Swedish and foreign

authorities.



That information may be disclosed are also available in

public access to information and secrecy (2009:400).



Retention and deletion



section 7 of the personal data processed automated for screening so

soon as the information is no longer needed for the purpose for which

they are treated, if not the Government or the authority

the Government has announced that thinning

shall be made at a certain time, or that the information may

kept for historical, statistical or scientific

purposes.



Government Announces rules on digital archiving.