Police Data Act (2010:361)

Original Language Title: Polisdatalag (2010:361)

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:361

Chapter 1. The law's purpose and scope



The policy of the law



§ 1 the aim of this law is to give the police the opportunity to

process personal data in an appropriate manner in their

law enforcement activities and to protect people against that

their privacy is violated by such treatment.



The scope of the law



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



1. law enforcement activities by the police authorities,



2. law enforcement activities by the Security Police of the

extent set out in this chapter and in Chapter 6, and



3. police operations at the Swedish national economic crimes Bureau.



The law applicable to the processing of personal data is

completely or partially automated. The law also applies to other

the processing of personal data, if the information 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. Law (2015:436).



2 a of the New designation section 4 of the Act (2014:597).



2 b of the redesignation, § 5, by law (2014:597).



section 3 of this Act do not apply to the processing of personal data

According to



1. Weapons Act (1996:67)



2. Act (1998:620) on load records,



3. Act (1998:621) if suspicion registers,



4. Act (2000:344) on the Schengen information system,



5. the Act (2006:444) on passenger records,



6. Act (2010:362) about police General reconnaissance table,

or



7. Act (2015:51) if the register of access order at

sporting events. Law (2015:57).



4 of the Act (2000:343) for international police

cooperation and in the regulations that the Government has announced in the

connection to the Act, there are specific provisions on

the processing of personal data resulting from international

agreements. If in these constitutions are different

provisions, they shall apply instead of the provisions of

This law. Law (2014:597).



paragraph 5 of the law (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. Law (2014:597).



The law applicable to legal persons



section 6 provisions relating to personal information in the following sections

also applies to the processing of data on legal

people:



1. Chapter 2. 7 – 9 § § where the purposes of the processing,



2. Chapter 2. section 11 of the access to personal data,



3. Chapter 2. 12 and 13, sections on conservation and thinning,



4. Chapter 3. 1-3, 9-12, 14 and 15 section on joint available

data,



5. Chapter 4. 18 – 20 sections concerning the processing of personal data in

money laundering records,



6. Chapter 4. sections 21 and 22 concerning the processing of personal data in the

International register,



7. Chapter 6. 1 – 3 sections where the purposes of the processing of

The security police,



8. Chapter 6. 4 § 5 if access to personal information in

The security police,



9. Chapter 6. 6 and 7 sections on conservation and thinning of the

The security police, and



10. Chapter 6. 8, 9 and 12 to 14 sections on joint available

details of the security police. Law (2015:436).



The law building



section 7 of Chapter 2. see General regulations concerning the processing of

personal data.



For personal information that is being made or has been made jointly

available also applies to Chapter 3.



Of personal data processed in the register of

DNA profiles, Dactyloscopic and signalements registry,

money laundering or in the international register,

applies to Chapter 4. instead of Chapter 3.



In Chapter 5. contains provisions on the processing of personal data

at the Police Department for forensic purposes. At such

treatment applies to Chapter 5. instead of Chapter 2. and Chapter 3.



In Chapter 6. contains provisions on the treatment of

personal data in the police operations. At such

treatment applies to Chapter 6. instead of Chapter 2. and Chapter 3.

Law (2015:436).



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 in accordance with this Act, or

According to the rules given in connection with the Act,

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, with the exception of the first paragraph and the third subparagraph,

If the basic requirements for the processing of personal data,



4. section 22 of the treatment of social security numbers,



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 Act, or pursuant to

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 does not need

be given in the treatment that consists of the collection of

personal information, pictures or sounds. Such information

need not be supplied where the data is collected in connection

with alarm and, having regard to the circumstances, does not exist

time to provide this information.



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

combined with a penalty.



Definition of DNA analysis, DNA profiles and fingerprints



section 3, for the purposes of this law



DNA analysis: any procedure that can be used for analysis of

deoxyribonukleinsyra of human material,



DNA profile: results of a DNA analysis that is presented in the form

by numbers or letters, and



fingerprint: fingerprint or handprint.



Privacy responsibility



section 4 of the police authority is responsible for the

processing of personal data by the Agency and the

processing carried out in police activity at the

The Swedish national economic crimes Bureau. Law (2014:597).



paragraph 5 of the law enforcement agency shall designate one or more

data protection officer.



The authority shall notify the supervisory authority referred to in

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

appointed or dismissed. Law (2014:597).



Supervision



6 § Additional provisions on supervision Act

(2007:980) on the supervision of certain law enforcement activities.



Purpose



section 7 of the personal data may be processed if necessary to



1. prevent, prevent or detect criminal activity,



2. the investigation or prosecution of criminal offences, or



3. performance of obligations resulting from international

commitments.



section 8/expires U: 2016-02-12/

Personal data processed under section 7 may also

be treated when it is necessary to provide the

information needed in



1. law enforcement activities of the security service,

The Swedish National Economic Crimes Bureau, The Public Prosecutor's Office, Customs Service,

The coast guard and the Revenue Commissioners,



2. law enforcement activities with foreign authority or

International Organization,



3. the activities of law enforcement relating to

handräcknings mission,



4. other activities that the police authority is responsible for, if it

There is a particular reason to provide the information,



5. activities in the prison system to prevent crime and

maintain the security, or



6. a regulatory activity



a) if under the law or regulation is the responsibility of the

The police authority to assist the Agency with the specific task,

or



b) if the information is provided in the framework of

myndighetsöverskridande cooperation against crime.



Personal data processed under section 7 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

others.



The Government informs that personal data

treated under section 7 in respect of wanted persons and

removal from the territory may be treated to provide

information to certain government agencies and to

data processed in a preliminary investigation,

be provided to the trustee in bankruptcy.



In an individual case, personal data shall be processed in accordance with section 7 of

also be processed to provide information for any

purpose other than those set out in the first to third subparagraphs, during

provided that the purpose is not incompatible with the

purpose for which the data were collected. Law (2014:597).



section 8/shall enter into force in: 2016-02-12/

Personal data processed under section 7 may also be treated when it is necessary to provide the information required in



1. law enforcement activities in the security police, the Swedish national economic crimes Bureau, the public prosecutor's Office, customs service, Coast Guard and the Revenue Commissioners,



2. law enforcement activities of the foreign Government or international organization,



3. the activities of the police relating to the handräcknings mission,




4. other activities that the police authority is responsible for, if there are special reasons to provide information,



5. activities in the prison system to prevent crime and maintain security,



6. activities of the Swedish Migration Board to work to check fingerprints that fact taken under Chapter 9. section 8 of the Aliens Act (2005:716) against the fingerprint and signalements register Prefecture pursuant to Chapter 4.

section 11, or



7. a regulatory activity



a) if under the law or regulation is the responsibility of the police to assist the Agency with certain task, or



b) if the information is provided under the myndighetsöverskridande cooperation against crime.



Personal data processed under section 7 may also be treated if it is necessary to provide information to Parliament and the Government, as well as, to the extent that the duty to disclose information required by law or regulation, to the other.



The Government informs that personal data processed under section 7 in respect of wanted persons and removals of the land may be processed to provide information to the authorities and to certain specified data processed in an investigation may be undertaken bankruptcy Trustees.



In an individual case, personal data processed under section 7 also processed to provide information for any other purpose than those set out in the first to third subparagraphs, provided that the purpose is not incompatible with the purpose for which the data were collected. Law (2016:29).



section 9 personal data may be processed if the



1. it is necessary for registration, or



2. information has been provided to the police authorities or

The Swedish national economic crimes Bureau in a notification or similar and

processing is necessary for the proceedings. Law (2014:597).



The processing of sensitive personal data



section 10 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 section 9.



Data that describes a person's appearance will be designed on

objectively with respect for human dignity.



Access to personal data



section 11 of the access to personal data is restricted 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.



Retention and deletion



section 12 of the personal data shall not be kept for longer than

that is necessary for one or more of the specified act

the purpose (s). The following rules specify how long data

processed automated longest may be kept:



1. section 13 if the information has not been shared

available,



2. Chapter 3. 9 to 13 sections of information in matters of investigation or

prosecution of crimes which have been made available collectively,



3. Chapter 3. 14 and 15 section if other information has been made

commonly available than that specified in 2,



4. Chapter 4. section 7 if the data in the register of DNA profiles,



5. Chapter 4. 14 – 16 §§ if data in the fingerprint and

signalements registry,



6. Chapter 4. section 20 on tasks in money laundering records,



7. Chapter 4. section 22 if data in the international register,

and



8. Chapter 5. section 7 for information about such ideas as specified in 5

Cape. Article 1, first paragraph 5.



The Government or the authority that the Government can

with the support of Chapter 8. section 7 of the Constitution provide

about digital archiving. Law (2015:436).



paragraph 13 of the Personal data processed are automated and do not

has been made available collectively or be treated in special

Register pursuant to Chapter 4. shall, if they are treated in a case,

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

cannot be related to a case, the information is sifted

no later than one year after they treated automated

for the first 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 personal information and the obligation to provide data



section 14 of the personal information that is necessary to produce

justice statistics shall be submitted to the authority responsible for

to produce such statistics.



section 15 If it is compatible with Swedish interests, may

personal data submitted to



1. Interpol or Europol, or to a police authority or

Public Prosecutor's Office in a State that is connected to Interpol, on

the need for authority or organisation should be able to

prevention, detection, investigation or prosecution of criminal offences,

or



2. foreign intelligence or security services.



Data may also be communicated to a foreign authority or

International Organization, if disclosure of any

international agreement after the Riksdag Sweden

the authorisation is a party.



section 16 of the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service, Coast Guard and

The tax agency has, although confidential under Chapter 21. paragraph 3 of the first

paragraph and chapter 35. section 1 of the public access to information and secrecy

(2009:400), the right to access personal information which has been made

commonly available, if the receiving authority need

the information contained in its law enforcement activities.



The first subparagraph shall not apply to data processed in the

special register pursuant to Chapter 4. Law (2014:597).



section 17 of the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service and the Coast Guard has, 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 whether the persons appearing in the register of

DNA profiles that are regulated in Chapter 4, if the receiving

the authority needs information in their law enforcement

activity. Law (2014:597).



section 18/expires U: 2016-02-12/

The Security Police, The Swedish National Economic Crimes Bureau, Customs And Excise,

The coast guard and the tax agency, despite privacy according to

21. section 3(1) and 35 Cape. section 1 of the public access to information and

secrecy (2009:400), the right to access personal data

covered in fingerprint and signalements registry

According to Chapter 4. 11-17 sections, if the receiving authority need

the information contained in its law enforcement activities. Law (2014:597).



the entry into force of section 18/in: 2016-02-12/

The security police, the Swedish national economic crimes Bureau, customs service, Coast Guard and the tax agency has, although confidential under Chapter 21. section 3(1) and 35 Cape. section 1 of the public access to information and secrecy (2009:400), the right to access personal data that is processed in the fingerprint and signalements register pursuant to Chapter 4. 11-17 sections, if the receiving authority needs data in its law enforcement activities.

The Immigration Agency has the corresponding right of access to personal data processed in the fingerprint and signalements registry, if really need the data for verification of fingerprints which the piece taken. Law (2016:29).



section 19 of the Government announcing that personal data

may be disclosed in cases other than those specified in §§ 14-18.



That information may be disclosed are also available in

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



Electronic disclosure of personal data



section 20 of the occasional personal data may be disclosed to the media for

automated processing. Government Announces rules on

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

case.



21 § Disclosure by direct access is allowed only in the

extent as provided for by this law.



The Government announces that a foreign authority,

Europol or an international organization may be granted

direct access to personal data in the police law enforcement

activities, if this is necessary for compliance with a

international agreement after the Riksdag Sweden

approval has taken office or whether it follows from an EU

legal act.



Additional provisions for direct access, see Chapter 3. section 8

and Chapter 4. 10 and 17 sections.



Chapter 3. Shared data available



section 1 of This chapter contains specific provisions for the

the processing of personal data that are made or have been made

joint law enforcement activities available in police.

Tasks that only a few people have the right to access

is not considered to be jointly available.



This chapter does not apply where personal data are processed with

support of Chapter 2. § 9.



Personal data may be made available in common



section 2 of the following personal information may be shared:



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

activities, if the suspicious activity



a) includes the offence for which imprisonment is provided in a

years or over, or



b) is carried out systematically.



2. the data needed for monitoring of a person, whether

He or she



a) likely to commit crimes for which is prescribed

imprisonment for two years or more, and



b) is severely backlogged criminal or likely to be

a threat to the personal security of others.




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

prosecution of criminal offences.



4. data necessary for carrying out the provisions of

international obligations, if required to the current

the obligation to be fulfilled.



5. information that has been reported to the Police

control centres.



DNA profiles shall be jointly available. To

such data may be processed in specific registries follow by

Chapter 4.



Access to information made available jointly with

under the first subparagraph 2 shall be restricted to specified

officials whose task it is to work with the monitoring.

Information that a person is subject to surveillance,

be made available to others. Law (2014:597).



Specific disclosures



section 3 for treatment under section to it through a special

Enlightenment or in any other way shall indicate for which detailed

purpose personal data are processed. Has the data been made

commonly available by virtue of paragraph 2 or 2

5, this particular result.



section 4 If the information referred to under § 1, directly

be attributed to a person not suspected of a crime or

to have engaged in or may exercise such criminal

activities referred to in section 2, first paragraph 1, it shall, by a

special education, or otherwise indicate that

the person is not a 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 special circumstances are

unnecessary. The same is true for data on persons referred to in paragraph 2 of the

the first subparagraph of paragraph 2.



Search



§ 5 when searching personal information that has been shared

available, data revealing racial or ethnic origin,

political opinions, religious or philosophical beliefs,

Trade-Union membership, or concerning health or sex life

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.



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

other similar identifiers in data

made jointly available, such data must be developed

which specifies 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 activity referred to in section 2 of the first paragraph,



4. supervised under paragraph 2 2,



5. has reported a crime,



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



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

or have provided information or opinion;



8. have submitted or provided a document,



9. are registered as missing,



10. have been assessed to meet the Street outside with

serious violence, or



11. 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.



Article 7 the provisions of paragraph 6 shall not apply to



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



2. search of a data collection that is created to

examine the particular crime or certain criminal

groupings and that only those who are working in the survey

have access to.



The provisions of section 6 does not apply to search performed

by specifically designated officials and made



1. in order to prevent or detect crime

activities that involve offences for which is prescribed

imprisonment of four years or above, or for such purposes as

referred to in section 2, first paragraph 2, or



2. to investigate crimes for which imprisonment is prescribed in

four years or over.



The Government or the authority, as the Government determines

Announcing details of the conditions under which

searching may take place with the support of the first and second subparagraphs.



Government Announces rules on further exceptions to the

section 6.



Direct access



section 8 of the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service, Coast Guard and

The Revenue Commissioners may be granted direct access to personal data in the

the police's law enforcement activities. Direct access may

solely to personal information that has been shared

available.



An authority granted access directly responsible to

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 (2014:597).



Retention of personal data in respect of investigation or

prosecution of offences



§ 9 in 10 – 12 §§ indicated how long personal information in some cases

If the investigation or prosecution of offences has been made jointly

available at the may be kept in police's law enforcement

activity.



section 10 If a 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 be treated in police law enforcement activities.

If a complaint not otherwise have led to

investigation or other equivalent description,

personal data is not processed in police law enforcement

operations when the prosecution no longer may be brought for the crime.



section 11 If a preliminary investigation has led to indictments or other

judicial review, the personal data of the preliminary investigation

not treated in police law enforcement activities

five years have elapsed after the end of the calendar year in which

judgment, or decision that was issued on the occasion of the action;

became final.



If an investigation has been closed or terminated at different

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

not treated in police law enforcement activities

five years have elapsed after the end of the calendar year in which

the public prosecutor or an 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 12 of the Government announces that certain categories

of personal data may be kept in police's law enforcement

activities for a period longer than that specified in §§ 10 and 11.



section 13, If a preliminary investigation against a person has done, if

the prosecution has closed or on acquittal verdict, which has won

the force, has been issued, the person may not be searchable as

suspect.



Conservation and thinning of the other personal data



section 14 of the personal information which has been made joint available

pursuant to article 2 of the first subparagraph, 1, 2, 4, or 5 to screen according to

other – sixth subparagraphs.



Data can be assumed to be associated with such criminal

activity listed in section 2 of the first paragraph to screen last

three years after the end of the calendar year of the registration

respect the person was. Data can be assumed to be related

with criminal activity involving the offences for which is

prescribed imprisonment for two years or more should be culled

five years after the end of the calendar year in which

registration was made. If a new registration in respect of

the person is made before the end of the screening deadline, they need

information about the person not the screening as long as any of

the data relating to him or her may be kept.



Data that has been processed in the course of such monitoring

referred to in section 2, first subparagraph 2 to screen within 10 years

After the end of the calendar year in which the last registration

respect the person was.



Data that has been processed with the support of the first subparagraph of paragraph 2 of 4

for screening no later than one year after the end of the calendar year in which

the matter for which the data was ended.



Data that has been processed with the support of 2 of 5

for screening no later than one year after the end of the calendar year in which

they treated automated first time.



The time during which a suspect or supervised person serving a

imprisonment or subjected to a term of youth custody or

offenders with special utskrivningsprövning to

not counted in the calculation of the time limits referred to in

the second and third paragraphs.



section 15 of the Government announces that certain categories

of personal data may be kept for longer than

specified in section 14.



The Government or the authority, as the Government determines

informs that personal data, by way of derogation

from section 14, may be kept for historical, statistical or

scientific purposes.



Chapter 4. Register



Register of DNA-profiles



Purpose



section 1 of the police authority, in the law enforcement business

keep records of DNA-profiles (DNA registry,

investigating the register and track log) in accordance with

2 – 10 sections. These records must also be kept in order to facilitate

identification of deceased persons.



In the law (2014:400) if Police elimination database

provides for the elimination database. Law (2014:597).



DNA registry



section 2 of the DNA registry may contain DNA profiles from test

taken with the support of 28 Cape. the code of judicial procedure concerning

people who



1. has been finally sentenced to a penalty other than

fines, or



2. has approved a penalty relating to a conditional sentence.



section 3 A DNA profile entered may only provide information on

identity and not about personal qualities.




In addition to DNA profiles, DNA registry include information on

who statement and in any case the profile has been

front and the criminal code.



Investigating the register



section 4 of the Assessment register may contain DNA profiles from test

taken with the support of 28 Cape. the code of judicial procedure and that

refers to people who are reasonably suspected of crimes on which

imprisonment may follow.



Provisions of paragraph 3 shall also apply in case of registration in

the assessment table.



The track log



paragraph 5 of the track log may contain DNA profiles have been

during the investigation of crimes and that cannot be attributed to

an identifiable person. In addition to DNA profiles, track log

include details showing in which case profile

developed and the criminal code.



section 6 of the DNA profiles in the track log may be compared with DNA profiles



1. which cannot be attributed to an identifiable person,



2. present in DNA registry, or



3. that can be attributed to a person who is reasonably suspected

for crimes.



DNA profiles in the track log may also be compared in other cases

If it is necessary for the performance of an international

agreement as Sweden after the parliamentary approval has

party or if it derives from a legal act of the Union.



Thinning



section 7 of the Data in the DNA registry to screen later when

the data about the data subject culled from

criminal records pursuant to lagen (1998:620) about

load records.



Details of the assessment register for screening at the latest when

the data of the data subject may be brought into the DNA registry

or when the investigation or prosecution is closed down, the prosecution must be dismissed,

the indictment is upheld but the penalty is determined to only a fine or

When the data subject has consented an order that

are limited to fines.



Information in the track log to screen last thirty years after

the registration. Such data should be culled last

Seventy years after the registration of the data relating

for inquiries about



1. murder or manslaughter under Chapter 3. 1 or section 2 of the criminal code,



2. genocide, crimes against humanity or gross

a war crime according to (1), (2) or section 11 of the Act (2014:406) if

punishment for genocide, crimes against humanity and

war crimes,



3. terrorist offences under section 3, paragraph 1 or 2, read in conjunction with section 2 of the Act

(2003:148) If penalties for terrorist crimes;



4. try to these crimes.

Law (2014:409).



Samples for DNA analysis



section 8 if, in connection with the investigation of a criminal offence has been a

samples for DNA analysis, the sample may not be used for any other

purpose than that which the sample was taken.



§ 9 a sample for DNA analysis that have been supported by 28 Cape.

the code of judicial procedure, or at the request of another State,

be destroyed no later than six months after the sample was taken.



Direct access



section 10 of the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service and Coast Guard may be granted

direct access to the register of DNA profiles is governed by

This chapter.



An authority granted access directly responsible to

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 (2014:597).



Fingerprint and signalements registry



Purpose



section 11 of the police authority may bring fingerprint-and

signalements register in accordance with paragraphs 12 to 17. These registry

may also be taken to facilitate the identification of unknown

persons. Law (2014:597).



Content



section 12 of the fingerprint registry and information signalements

If a person is treated as



1. is suspected or convicted of criminal offences and who have been

subject to action under Chapter 28. section 14 of the code of judicial procedure,

or



2. have left fingerprints pursuant to section 19 of the Act (1991:572) on

Special immigration control.



Dactyloscopic data that cannot be related to a

identifiable person must be treated if the task come in

an investigation into the crime.



Data on fingerprints can also be treated if necessary

in order to fulfill international commitments.



In the fingerprint registry and information must not signalements

treated as made by a person under the age of 15, according to

36 section 2 Act (1964:167) with special

provisions for young offenders. Law (2014:597).



12 a § except as set forth in section 12, in the fingerprint and

signalements register information is processed on a person who has

convicted of offences in another Member State of the European

the Union and whose fingerprint or signalements tasks

have been transferred here by virtue of article 4 of Council framework decision

2009/315/JHA of 26 February 2009 on the organisation of

Member States exchange of information extracted from the criminal record and

data content. Such information may, however, be

processed if the corresponding offence in Sweden is

prescribed imprisonment for one year or more and the like

This information at the time of the Act had filled

fifteen years. Law (2014:597).



paragraph 13 of the fingerprint and signalements registry may contain

data on



1. fingerprints,



2. prominent features,



3. photography,



4. video capture,



5. identification details,



6. the case number, and



7. Criminal Code.

Law (2014:597).



Thinning



section 14 of the Data in the fingerprint and signalements registry

a suspected person for screening no later than three months after the

that information culled from the suspicion the register as

sales pursuant to lagen (1998:621) if suspicion registers and out of

criminal records kept pursuant to lagen (1998:620) about

load records.



Data that cannot be related to an identifiable individual

for screening last thirty years after registration. Such

data should be culled last seventy years after the

the registration of information relating to investigations of



1. murder or manslaughter under Chapter 3. 1 or section 2 of the criminal code,



2. genocide, crimes against humanity or gross

a war crime according to (1), (2) or section 11 of the Act (2014:406) if

punishment for genocide, crimes against humanity and

war crimes,



3. terrorist offences under section 3, paragraph 1 or 2, read in conjunction with section 2 of the Act

(2003:148) If penalties for terrorist crimes;



4. try to these crimes.

Law (2014:597).



section 15 Information in fingerprint and signalements registers

processed to fulfil an international obligation to

screen when the information is no longer needed for the purpose of

the treatment.



Information on individuals who have submitted fingerprints with support

of the Act (1991:572) on special control of aliens shall

expires within 10 years after the registration. Law (2014:597).



paragraph 16 of the Government or the authority, as the Government determines

informs that personal data, by way of derogation

from 14 to 15 sections, may be kept for historical, statistical

or scientific purposes.



Direct access



section 17 of the security police, the Swedish national economic crimes Bureau, customs and Excise,

The coast guard and the Revenue Commissioners may be granted direct access

to the personal data in the fingerprint and

signalements registers.



An authority granted access directly responsible to

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 (2014:597).



Anti-money laundering record



Purpose



section 18 of the Police may bring money laundering records.

Personal data may be processed in anti-money laundering record if the

necessary to prevent or detect crime

activities



1. where money laundering is to disguise the proceeds of crime

or criminal activity, or



2. involving the financing of terrorism.



The Government or the authority, as the Government determines

announces the availability of

personal data in money laundering records. Law (2014:597).



§ 19 in a money-laundering registers, personal data

are treated as



1. can be assumed to be associated with such criminal activities as

referred to in section 18, first paragraph,



2. have been reported to the police in accordance with the law

or regulation, or



3. has been provided by a foreign authority in their State

responsible for the prevention, prevent or

detection of such criminal activity referred to in section 18 of the first

paragraph. Law (2014:597).



Thinning



section 20 of the personal data in a money-laundering records to screen

five years after the end of the calendar year in which the last

registration in respect of the person was.



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.



The international register



Purpose



section 21 of the police authority may bring an international register.

Personal data in the international register shall be treated

If it is necessary for the handling of cases involving

international police cooperation or international

judicial cooperation in criminal matters.



Data on deaths, accidents, or other similar

events in foreign countries may also be treated in the

International register, if the case concerns a matter to be

dealt with by the police authorities.



The Government or the authority, as the Government determines

announces the availability of

personal data in the international register.

Law (2014:597).



Thinning



section 22 of the personal data in the international register shall


expires at the latest three years after the end of the calendar year in which

the matter for which the data was ended.



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.



Chapter 5. The processing of personal data by police authorities for

forensic purposes



Purpose



section 1 at the Swedish national forensic Center, personal data

treated if necessary to



1. compile the data in the form of collected traces, or

other things that are required for such forensic measures referred

in the 2 to be carried out,



2. perform forensic analysis, surveys, or

comparisons to his own authority, or for

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

The customs service, Coast Guard, the Revenue Commissioners or public

Court,



3. request the forensic analyses, studies or

comparisons of or perform such operations at a



(a)) the National Board of forensic medicine,



(b)) a foreign forensiskt laboratory, or



c) a foreign law enforcement agency or a

international organization or body with

law enforcement information,



4. request the forensic analyses or studies of other

Swedish expert body, or



5. develop ideas with a view to facilitating the work of

preventing or detecting criminal activities or investigation

and prosecution of criminal offences, by using results from such

measures listed in 2 or in paragraph 2.



Personal data may also be processed at the Swedish National Forensics

the Center if necessary



1. research and statistics, or



2. quality of the forensic operations.

Law (2015:436).



section 2 by another unit within the police service than National

forensiskt Center, personal data may be processed if the device

need it to compile the data in the form of

the collected tracks or anything else that is required for such

forensic measures referred to in article 1, first paragraph 2 shall

able to be carried out by the Centre.



Personal data may also be processed by such other entity

If your device requires it to perform forensic analysis;

tests or comparisons. Law (2015:436).



paragraph 3 of the personal data processed under paragraph 1(1), 2

or the second subparagraph of 2 or 5 or paragraph 2(2),

also be processed when it is necessary to provide the

information needed in other law enforcement activities

of Police or law enforcement activities in

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

The customs service, Coast Guard, or the tax office.



In an individual case, personal data processed under 1

or 2 § also processed to provide information

for any purpose other than that referred to in the first subparagraph,

provided that the purpose is not incompatible with the

purposes for which the data was collected for. Law (2015:436).



The relevant provisions of Chapter 2.



section 4 of the following provisions of Chapter 2. applicable to

treatment for forensic purposes:



1. paragraphs 1 and 2 of the relationship to the personal data Act,



2. section 3 of the definitions,



3. sections 4 and 5 of the data protection responsibilities,



4. paragraph 6 of prudential supervision,



5. section 10 concerning the processing of sensitive personal data,



6. section 11 of the access to personal data, and



7. paragraphs 20 and 21 if electronic disclosure of

personal data. Law (2015:436).



Search



§ 5 when searching personal data, data revealing

race, ethnic origin, political opinions, religious or

philosophical beliefs, trade-union membership, or that

concerning health or sex life, not be used as a search term.

Law (2015:436).



Conservation



section 6 of the personal data processed for forensic purposes,

not be kept for longer than is necessary for any

or any of the purposes in section 1 or 2.



The Government or the authority that the Government can

with the support of Chapter 8. section 7 of the Constitution provide

about digital archiving. Law (2015:436).



section 7 of the Swedish National Forensics Centre must not treat

personal information for the purposes set out in article 1, first

paragraph 5 when it has passed five years after the end of the

calendar year in which the case where the data exist

was registered. Law (2015:436).



Disclosure of personal information



section 8 of the security police, the Swedish national economic crimes Bureau,

The Prosecutor's Office, customs service, Coast Guard and

The tax agency has, although confidential under Chapter 21. paragraph 3 of the first

paragraph and chapter 35. section 1 of the public access to information and secrecy

(2009:400), the right to access personal data processed

According to article 1, first paragraph 5, if the receiving authority

need information on their law enforcement activities.



The first subparagraph shall not apply to data processed in the

special register pursuant to Chapter 4. Law (2015:436).



§ 9 the Government, with the support of Chapter 8. section 7 of the Constitution

provide that personal information may be disclosed in the

other than as specified in section 8.



That information may be disclosed are also available in

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

Law (2015:436).



Chapter 6. The processing of personal data in the police

law enforcement activities



Purpose



section 1 of the personal data may be processed in the security police

law enforcement activities if necessary to



1. prevent, prevent or detect crime

that includes



a) crime against State security,



b) terrorist crimes, or



c) defamation offences or yttrandefrihetsbrott with

racist or xenophobic motives,



2. investigating or prosecuting offences referred to in paragraph 1, or,

After special decision, other crimes,



3. perform tasks related to the protection of the

Central Government leaders and others that the Government or

Security Police determines,



4. perform tasks under security law

(1996:627),



5. performance of obligations resulting from international

commitments,



6. technical assistance to law enforcement,

The Swedish national economic crimes Bureau, the public prosecution service or the Customs and Excise Department,

or



7. carry out such other activities as set out in law or regulation

or a special decision by the Government. Law (2015:436).



section 2 of the personal data processed under section may also

be treated when it is necessary to provide the

information needed in



1. law enforcement activities of the police authority,

The Swedish National Economic Crimes Bureau, The Public Prosecutor's Office, Customs Service,

The coast guard and the Revenue Commissioners,



2. a governmental activity, if the information is provided

within the framework of the myndighetsöverskridande cooperation against crime,



3. The armed forces ' defence intelligence activities and

military security service, if there are special reasons to

provide the information,



4. law enforcement activities with foreign authority or

International Organization, or



5. a Government activity if the security police by law

or regulation shall provide the Agency with the specific task.



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

others.



The Government, with the support of Chapter 8. section 7 of the Constitution notify

that personal data processed pursuant to section 1 of the

and concerning wanted persons and removals of the land

may be processed for the purpose of providing information to certain

specific authorities.



In an individual case, personal data processed under section

also be processed to provide information for any

purpose other than those set out in the first to third subparagraphs, during

provided that the purpose is not incompatible with the

purposes for which the data was collected for. Law (2015:436).



paragraph 3, personal data may be processed if the



1. it is necessary for registration, or



2. information has been provided to the Security Police of a notification

or similar and the processing is necessary for the

the handling. Law (2015:436).



The relevant provisions of Chapter 2.



section 4 of the following provisions of Chapter 2. applicable to

the processing of personal data by the security police:



1. paragraphs 1 and 2 of the relationship to the personal data Act

(1998:204),



2. paragraph 3 concerning the definition of the DNA analysis, DNA profile and

fingerprints,



3. section 6 of prudential supervision,



4. section 10 concerning the processing of sensitive personal data,



5. section 11 of the access to personal data,



6.14, 15 and 19 sections about the disclosure of personal data and

obligation, and



7. paragraphs 20 and 21 if electronic disclosure of personal information.

Law (2015:436).



Privacy responsibility



paragraph 5 of the security police is responsible for the

processing of personal data by the security police.



The security police shall designate one or more personal.

The controller shall notify the

the supervisory authority pursuant to the personal data Act (1998:204) when

a data protection officer appointed or dismissed. Law (2015:436).



Retention and deletion



6 § personal information shall not be kept for longer than

that is necessary for one or more of the purposes of paragraphs 1 to 3.



In 7 and 12-14 § § determines how long data processed

automated the far may be kept.



The Government or the authority that the Government can

with the support of Chapter 8. section 7 of the Constitution provide

about digital archiving. Law (2015:436).



section 7 of the personal data processed by automated

The security police, and that has not been shared

available, if they are treated in a case, screened last

a year after the matter was closed. If they can't


be assigned to a case, the data expires later than one year

after they were treated automated first 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. Law (2015:436).



Treatment of common information available



Shared data available



section 8 if necessary for the purposes mentioned in paragraph 1, shall

personal data be made available jointly in

Security police activities. However, this does not

DNA-profiles. Tasks that only a few people have the right

to take note of is not considered to be jointly available.



The provisions of sections 9 to 13 will apply to the processing of

personal data which are made or have been made in common

available. The provisions do not apply, however, when

personal data are processed with the aid of section 3. Law (2015:436).



Specific disclosures



§ 9 in the treatment according to § 8 to it through a special

Enlightenment or in any other way shall indicate for which detailed

purpose personal data are processed. Law (2015:436).



section 10 Of the data, which is processed according to section 8, directly

be attributed to a person not suspected of a crime or

for exercising or getting the exercise of criminal activity,

be it through a special enlightenment or in any other way

indicate that the person is not a 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. Such information need not be disclosed, if at

because of particular circumstances is unnecessary. Any enlightenment

need not be submitted if



1. data included in the data collection that is created

to process and analyse information, and in particular

designated officials have access to, and



2. processing and analysis in an initial

stage. Law (2015:436).



Search



section 11 when searching personal information that has been shared

available, data revealing racial or ethnic origin,

political opinions, religious or philosophical beliefs,

Trade-Union membership, or concerning health or sex life

be used as a search term only if it is absolutely necessary

for the purposes set out in paragraph 1.



The first subparagraph shall not prevent the offences or

data that describes a person's appearance is used as

search terms.



The Government or the authority, as the Government determines

Announces additional regulations on search in the common

available data. Law (2015:436).



Retention and deletion



section 12 of the personal data made available to common

expires no later than 10 years after the end of the calendar year in which the

recent registration in respect of the person was.



Personal data are treated in such a data collection

referred to in section 10, second paragraph 1 should be culled within three years

After the end of the calendar year in which the last registration

respect the person was.



If there are special reasons, security police may decide to

personal data may be kept for longer than provided for in

the first and second paragraphs, if the information is still needed

for the purpose for which they are processed. If the information is preserved

with the support of such a decision, they should be pruned, or the question of

conservation be re-examined, no later than the end of the tenth

calendar year following the decision or, in the case of

information referred to in the second subparagraph, at the latest at the end of

the third calendar year following the decision. Law (2015:436).



section 13 does not apply to the provisions of section 12 of the personal data in the

matters concerning the investigation or prosecution of offences. In the case of

the processing of such personal data, instead

Chapter 3. paragraphs 9 to 13 shall apply. Law (2015:436).



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

informs that personal data, by way of derogation

from section 12, may be kept for historical, statistical or

scientific purposes. Law (2015:436).



Transitional provisions



2010:361



1. this law shall enter into force on 1 January 2012, when police data Act

(1998:622) expires.



2. For signalements and sign the register and the

Central criminal investigation register kept pursuant to paragraph 2

in the transitional provisions to the police data Act (1998:622)

apply data Act (1973:289) instead of this law to

the end of 2014. The provisions of Chapter 2. 14, 15 and 19 §§

in this law shall be applied to the information in the records from

its entry into force.



3. The Swedish Data Inspection Board's permission to bring the register provided

in paragraph (2) ceases to have effect at the end of 2014 or at

the previous time the controller we will remove

Register of inspection. Upon entry into force of this Act

stops the Data Inspection Board's permission for other registries

sales by virtue of paragraph 2 of the transitional arrangements for the

Police data Act (1998:622) to apply.



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

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

(1998:622), adopted before the entry into force of this

law, the 1998 police data act instead of this law to

the end of 2014.



5. The following provisions of this Act need not apply

until 1 January 2018:



a) Chapter 3. paragraph 4, first subparagraph if the specific disclosures, when

it applies to activities other than those carried out for the purposes

as mentioned in Chapter 2. 7 § 1,



(b)) 3. 6 and 7 sections about search, and



c) Chapter 3. 10, 11 and 13 sections concerning the processing of personal data in

crime reports, completed investigations and others

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

the code of judicial procedure. Law (2014:893).



2014:404



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



2. 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 maintained pursuant to

by law (2014:400) if the elimination database may even

on december 31, 2014, at one point compared with the

DNA profiles in the track log. A correspondence between a

DNA profile in elimination database and a DNA profile in

the track log may not be investigated further.



2014:409



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



2. Older rules still apply for information

relating to investigations into crimes under international law 22 Cape.

the second subparagraph of paragraph 6 of the Penal Code or investigations of genocide

According to section 1 of the Act (1964:169) of punishment for genocide or

attempts at such crimes.