Police Data Regulation (2010:1155)

Original Language Title: Polisdataförordning (2010:1155)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1155

General provision



paragraph 1 of this regulation, see supplementary regulations

If the processing of personal data within the scope of

Police data Act (2010:361). Concepts and terms used

in this regulation have the same meaning and

scope of the Act.



Consultation with the Swedish Data Inspection Board and security and

integrity protection



2 § When Police or security police plan new

It systems of larger scale or new it systems that can

present specific risks for infringement of the personal

integrity, the responsible authority shall consult

The Swedish data inspection Board in good time before a decision is taken.

The same shall apply when the police or

The security police is implementing significant changes in such

System.



If consultation is required under the first subparagraph, the Police

each security police also consult with safety and

integrity protection in the matters referred to in article 1, first

the third sentence of the second subparagraph of paragraph or Act (2007:980)

on the supervision of certain law enforcement operations or Chapter 6.

Police data Act (2010:361).



In assessing the risk of interference with the personal

integrity, particular attention should be paid to sensitive

personal data will be processed. Regulation (2015:450).



2 a of the Police and the security police shall, in good time

prior to consult each other when either

authorities are planning a new it systems in large

extent to which will be utilized by the other authority.

Regulation (2014:1181).



Access to personal data



Permissions



section 3 of the police and the security police shall notify the closer

regulations on access to personal data for its

respective areas of activity. For assigning permissions

for access to personal information, it shall in particular be considered to

There, in addition to the need for information, education and training requirements

and experience. Regulation (2014:1181).



section 4 of the Police and the security police is responsible for

There are routines in their respective authority for allocation,

change, delete, and regular monitoring of

permissions for access to personal information.

Regulation (2014:1181).



4 a of the Only officials of the FIU when

Police authorities specified in § 35 Regulation (2014:1102)

with the instruction of the police authority shall have access to

information for money laundering register kept pursuant to Chapter 4.

section 18 of the police data Act (2010:361).



Only officials at the national function

international data at police authority specified in

35 § regulation of instruction for law enforcement may have

access to data in the international register which

are implemented with the support of Chapter 4. section 21 of the police data Act.



At the Police Department, the Assembly conducted an inventory

the officials at the agency that processes data

According to the first and second subparagraphs. Regulation (2014:1181).



Search



§ 5 when searching under Chapter 3. section 6 of the police data Act (2010:361)

receives information showing that the person sought has previously been

suspicion of a particular crime is not produced if a court,

by decision which has become final, has frowned upon

the indictment, announced the acquittal judgment or written off target then

the prosecution closed down.



The police authority may provide for the limitation of

access to such data as referred to in Chapter 3. 6 §

first subparagraph, police data Act. Particular attention should be

to the right of the individual to protection from intrusion into the

personal privacy. Access to personal information about

earlier suspicions of criminal offences to be particularly limited.

Regulation (2014:1181).



6 § search conducted by specially designated officials

performs processing tasks in intelligence terms

do not search limits in Chapter 3. section 6, first paragraph

Police data Act (2010:361). At the Police Department, the

running a list of the officials of the

authority having such duties.

Regulation (2014:1181).



section 7 By the police authority, the Assembly conducted an inventory

the officials at the agency that carries out tasks according to

Chapter 3. the second subparagraph of paragraph 7 police data Act (2010:361).

Regulation (2014:1181).



section 8 of the police authority must notify the

the conditions under which the search according to Chapter 3. paragraph 7 of the first

subparagraph 2 police data Act (2010:361) may take place.

Regulation (2014:1181).



9 repealed by Regulation (2014:1181).



Purposes of the processing and disclosure of certain information



section 10 in addition to the purposes set out in Chapter 2. section 8 of the police data Act

(2010:361), personal data may be processed to

provided under sections 11 and 12. In addition for the purposes

as indicated in Chapter 6. section 2 of the police data Act, personal data

treated to be provided in accordance with section 12.

Regulation (2015:450).



section 11 If a task in an investigation may be assumed to have

importance of a bankruptcy investigation, the words left out

to the bankruptcy trustee.



section 12 of the police authority may disclose information on wanted

persons and on removals of the country and details of

decisions relating to such data to



1. Cabinet Office,



2. The Swedish Migration Board,



3. The security police,



4. The Swedish national economic crimes Bureau,



5. The public prosecutor's Office,



6. The Customs and Excise Department,



7. Coast Guard,



8. The Revenue Commissioners,



9. a County Administrative Board,



10. a Swedish Mission or a Swedish Consulate, and



11. the Central immigration authorities in Denmark, Finland,

Iceland and Norway. Regulation (2014:1181).



paragraph 13 of the data processed in accordance with Chapter 2. 7 §

Police data Act (2010:361) may, if it is compatible with

Swedish interests, be disclosed to a foreign authority

responsible for combating money laundering or

the financing of particularly serious crime, if it

needed to the foreign authority should be able to

prevention, detection, investigation or prosecution of criminal offences.



Electronic disclosure of personal data



section 14 of the police authorities may communicate the details of what

as required in terms of permissions and security in order to

authority to permit direct access for

the authorities referred to in Chapter 3. section 8 of the police data Act

(2010:361).



Direct access to the data shall not be granted before

The police authority is satisfied that the receiving

the Authority meets the requirements on competence and safety.

Regulation (2014:1181).



section 15 of the security police, economic crime authority,

The Prosecutor's Office, customs and Coast Guard

direct access pursuant to Chapter 4. section 10 of the police data Act (2010:361)

to register of DNA profiles should be limited to information

If someone appears in such register.

Regulation (2014:1181).



section 16 of the security police, economic crime authority, Customs authority,

The coast guard and the tax agency's direct access under 4

Cape. section 17 of the police data Act (2010:361) to personal information about

fingerprints should be limited to information on whether any

present in the fingerprint register. Regulation (2014:1181).



17 § Limitation in Chapter 2. section 20, first sentence

Police data Act (2010:361) does not apply to authorities

must have direct access under Chapter 3. paragraph 8 of the same law with respect

If the personal information which has been made jointly available.



section 18/expires U: 2016-01-01/unless it is inappropriate, more personal data than

as indicated in Chapter 2. the first sentence of paragraph 20 of the police data Act

(2010:361) on medium for automated

treatment to



1. Trustee,



2. The Attorney General,



3. The National Council for crime prevention,



4. Europol,



5. Interpol, and



6. a foreign authority responsible for combating

money laundering or the financing of particular

serious crime.



Data may not be disclosed to the media for automated

treatment if it can be assumed that disclosure would

cause the task can be processed in breach of the

personal data Act (1998:204).



section 18/entry into force: 01/01/2016 unless it is inappropriate, more personal information than provided in Chapter 2. the first sentence of paragraph 20 of the police data Act (2010:361) disclosed on the medium of automated processing to



1. a trustee,



2. The Attorney General,



3. The National Council for crime prevention,



4. Europol,



5. Interpol, 6. a foreign authority responsible for combating money laundering or the financing of particularly serious crime, and



7. a public defender or a counsel or treated as such.



Data may not be disclosed to the media for automated treatment if it can be assumed that disclosure would cause the task can be processed in violation of the personal data Act (1998:204). Regulation (2015:589).



18 a of When police authorities with the support of 24 c § regulation

(1999:1134) about load register transfer data on a

them to the Member State or Member States within the European Union

where the nationality, the available data on

fingerprints, alias or pseudonym is attached.



If the information referred to in the first subparagraph be changed or eliminated,

should the States that received data

shall be informed accordingly. Regulation (2014:1181).



18 (b) § When the police authority by virtue of section 24 d Regulation

(1999:1134) on load records, on request, disclose

data from the register of another Member State in

The European Union must also available data on

fingerprints, alias or pseudonym is attached.

Regulation (2014:1181).



Retention and deletion



Digital archiving



§ 19 When Police or security service archives


particulars and documents digitally to the archived

the data and documents be separated from the Agency's

law enforcement activities. Access to archived

information and documents should be limited to specific

officials.



The police and the security police may, after

consultation with the national archives, notify the

digital archiving. Regulation (2014:1181).



Retention of data



section 20 of the 21 to 26 § § provides that certain categories of

information in crime reports and completed

investigations may be processed in police

law enforcement activities after the expiry of the time

specified in Chapter 3. 10 and 11 of the police data Act (2010:361).

The same applies to data in other investigations

are dealt with according to the provisions of Chapter 23. the code of judicial procedure.



When data may be processed in accordance with sections 21 to 26 May, in addition to

What is stated in the regulations, the following information

treated:



1. the case number or similar reference,



2. Criminal Code, and



3. details of the circumstances surrounding the crime.



§ 21 data on the convicted person in a preliminary investigation that led

the conviction may be processed after the expiration of the time

as indicated in Chapter 3. paragraph 11 police data Act

(2010:361), on the treatment of special reasons is necessary

to find the relation between different crimes or between

the possible perpetrators.



The data should be culled later in connection with the

the data on the convicted person culled from criminal records

According to the law (1998:620) on load records.



section 22 of the Information if a person who has been a suspect in a

investigation that has been discontinued or has been terminated on

otherwise than through prosecution, in a particular case be treated

After the expiration of the time specified in Chapter 3. section 11 of the

second subparagraph, police data Act (2010:361), on the treatment

Despite this, it is necessary to be able to prosecute the person.



The data should be sorted out later when criminal charges are no longer

may be brought for the offence or, in the cases referred to in chapter 35.

section 2 of the Criminal Code of the first subparagraph, the last seventy years from the

day on which the offence was committed.



section 23 of the data on persons who have been convicted of, or has been

suspected of, offences where there is a significant risk of

the recurrence of the same or a similar crime, may be treated

After the expiration of the time specified in Chapter 3. sections 10 and 11

Police data Act (2010:361), on the treatment of specific reasons

is necessary to prevent or detect

offence for which imprisonment of four years or above is

before written.



The data should be sorted out, in the case of offences that have led

to conviction, last in connection with data

culled from criminal records pursuant to lagen (1998:620) about

load table and in other cases within 15 years after

the preliminary investigation was closed or terminated at different

way.



The police authority, in consultation with the security police announce

detailed rules on the types of crimes that may

considered to be a risk for relapse, referred to in the first

paragraph. Regulation (2014:1181).



section 24 For information on property which has been subject to

crime is present in an investigation or a complaint,

the data may be processed after the expiration of the time

specified in Chapter 3. 10 and 11 of the police data Act (2010:361), if

treatment of special reasons is necessary in order to

restore your property to the right owners or to

trace the item's use in other crimes or

criminal activity.



Personal data relating to such property should be culled

When treatment is no longer required for any of the

purposes specified in the first subparagraph.



section 25 of the Information if a person who is in demand as

lost may be processed as long as the task is needed

the purpose of the processing.



The data should be culled within three months of the

that the person has been recorded.



section 26 of the depictions of children in the digital

reference library of child pornographic depiction

may be processed following the expiry of the period referred to in Chapter 3.

10 and 11 of the police data Act (2010:361), if the treatment is

necessary to prevent or detect

the following offences against children: violation of Chapter 4. 1 a section, Chapter 6.

or 16 Cape. 10 a of the Penal Code.



The data should be culled last forty years after

they were introduced in the reference library.



Exemptions from screening



section 27 of the national archives in may, after consulting with the police authority

and the security police, provide for the

information to screen according to Chapter 2. section 13, Chapter 3. section 14, 4

Cape. 14, 15, 20 and 22 sections or Chapter 6. 7 to 12 sections

Police data Act (2010:361) must be preserved for historical,

statistical or scientific purposes.

Regulation (2015:450).



Other provisions



section 28 of the police and the security police, for their

respective fields of activity, to the additional

provisions necessary for the enforcement of police data Act

(2010:361) and this regulation. Regulation (2014:1181).



section 29 Before the police or security services Announces

regulations under this regulation in matters relating to

Special risks of intrusion into personal privacy

the authority shall consult the Data Inspectorate and security

and integrity protection. Regulation (2014:1181).



Transitional provisions



2010:1155



1. This Regulation shall enter into force on 1 January 2012, when

Police data Regulation (1999:81) is repealed.



2. With regard to the processing of personal data in a particular

investigation under section 14, first paragraph, 1 police data Act

(1998:622), which have been decided before 1 January 2012, the

the repealed Regulation until 31 December 2014.