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.