Law (2002:546) Concerning The Processing Of Personal Data In The Employment Policy Activities

Original Language Title: Lag (2002:546) om behandling av personuppgifter i den arbetsmarknadspolitiska verksamheten

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section 1 of this Act apply to the processing of personal data in

Employment service labour market policy activities.



The law also applies to the processing of personal data in

cases for compensation under the Act (2010:197) if

provisioning efforts for some newly arrived immigrants and in

cases with the employment services of the receipt for the settlement of

some newly arrived immigrants. The provisions of this law concerning

the processing of personal data in the employment policy

the business shall also apply to the processing of personal data in

these cases.



The law does not apply in that part of the

labour market policy activities, which is also the health and

health care under health care Act (1982:763). In the

part of the activities applied rather than the patient data law

(2008:355).



The law applies only if the treatment is completely or partially

automated or if the information included in or is intended

be part of a structured set of personal data which are

available for searching or compilation under

specific criteria. Law (2011:545).



1 a of the processing of personal data is permitted under the

This Act may be carried out even if the data subject opposes

the treatment.



Government, or the Government authority determines,

Announces rules on exceptions to the first subparagraph.

Law (2010:2029).



The relationship to the personal data Act



section 2 of the personal data Act (1998:204) applies to the processing of

personal data within the labour market policy activities,

unless otherwise provided by this Act or the regulations that have

issued pursuant to this Act or otherwise by section 2 of the

the personal data Act.



Privacy responsibility



section 3 of the employment service is responsible for the

processing of personal data by the employment service.

Law (2007:410).



Purposes, etc.



section 4 of the public employment service may process personal data within the

labour market policy operations only if needed



1. handling of matters,



2. publishing of site information, information about

complementary players and applications for employment,



3. planning, methodology development, supervision, monitoring,

results and evaluation of activities,



4. manufacture of non-personal statistics, and



5. cooperation in the field of labour market policy

European Union and European economic area

and according to the agreement of 6 March 1982 on a common

Nordic labour market. Law (2010:2029).



section 5 of the public employment service may process personal data for

the provision of information needed in



1. Insurance, Central Board of student aid, or

unemployment funds activities as a basis for decisions on

and control of benefits, allowances and other payments,



2. The tax agency's activities as a basis for decisions and

control of tax,



3. such activities during the inspection of

unemployment insurance relating to supervision and the issuing of

certificate pursuant to § 48 Act (1997:238) on unemployment insurance,



4. Enforcement Authority's activities as a basis for the assessment

According to Chapter 4. execution code of the extent to which a

debtor has property seizure, bar



5. social activities of boards as a basis for decisions and

control of financial assistance pursuant to Chapter 4. the social service act

(2001:453),



6. The Swedish Migration Board's activities as a basis for decisions on

assistance under the Act (1994:137) on the reception of asylum seekers

and others, as well as



7. additional actors ' activities in accordance with mandates from the

The public employment service.



The employment service may also process personal data for

provide information to Parliament or the Government

or to another in order to carry out reporting in accordance

by law or regulation. Moreover, section 9, first subparagraph, (d)

and the second subparagraph personal data Act (1998:204).

Law (2010:2029).



section 6 of the Government, or the Government authority determines,

Announces rules on the limitation of the purposes of paragraph 4, and

about the limitations of which personal data may be processed for

a particular purpose.



Labour market policy database



section 7 of the labour market policy activities, it must be

a collection of personal information through the use of automated

the treatment used in operations for the purposes

specified in §§ 4 to 6 (labour market policy database).



The processing of sensitive personal data, etc.



section 8 of the employment service may process sensitive personal data

referred to in paragraph 13 of the personal data Act (1998:204) and

personal data relating to offences, etc., referred to in paragraph 21 of the same

law if the information has been provided in a case or necessary

for examining the. Act (2007:410).



9 § sensitive personal data referred to in paragraph 13 of

personal data Act (1998:204) may be processed in a database

only if they have been left in a case. Sensitive

personal data revealing racial or ethnic origin, or concerning health

also get processed in a database if they are necessary for the

the handling of a case.



Personal information about social conditions and ratings,

conclusions or other evaluative information about an individual

may be processed in a database only if they have been left in a

case or is necessary for the handling of it.

The same applies to the personal data referred to in paragraph 21 of the

the personal data Act. Team (2013:154).



section 10 of the Data that the individual has been supported by

the Social Service Act (2001:453) or been the subject of action

According to the Aliens Act (2005:716) may be processed in a database

only if they have been left in a case. Team (2013:1171).



Access to personal information within the public employment service



section 11 of the access to personal data shall be reserved for the

categories of staff within the employment services which, by reason of its

tasks need to have access to the data.



The Government or the authority, as the Government determines

Announces rules for access in accordance with the first paragraph.

Law (2010:2029).



Direct access and disclosure of personal information



section 12 of the social insurance agency, CSN,

The Swedish unemployment insurance,

unemployment funds, enforcement authority, a social welfare board

and the Swedish Migration Board shall have direct access to personal information

treated in a labour market policy database, if needed

for the purposes referred to in paragraph 5. A social welfare Board may have

direct access only after the employment office is satisfied

If the administrative officer of the social welfare committee can only take part of

information on persons involved in matters of the Board.



An individual may, in a labour market policy database have

direct access to information about himself as well as to such

information about employers, and additional operators

treated in accordance with paragraph 4 of the 2.



An employer may in a labour market policy database have

direct access to such information about a job applicant who receives

treated in accordance with paragraph 4 of the 2.



Government Announces rules about which personal data

may be subject to access under the first to third subparagraphs.

Law (2010:2029).



paragraph 13 of the Data in the database may be disclosed to an individual on the

medium for automated processing only if the Government has

announced regulations on it.



Government, or the Government authority determines,

Announces rules about which personal data may be

out on the medium of automated processing to authorities and

individual.



Search terms



section 14 of Such sensitive personal data referred to in paragraph 13 of

personal data Act (1998:204) and such delicate

personal data referred to in the second subparagraph of section 9 or section 10 may

not be used as a search term.



By derogation from the prohibition provided for in the first subparagraph may be code for

health condition or for such disabilities as leads

abled to be used as search terms for planning

efforts and mediation of work.



Code for health or for such disabilities

that causes reduced ability to work, the code for

employment program or initiative as well as the code for

search category or instruction shall also be used as

search for oversight, monitoring, evaluation and

production of de-identified data.



The Government or the authority, as the Government determines

Announces rules on restrictions in the rest of the

search terms that may be used. Law (2011:545).



Rectification and indemnity



section 15 of the provisions of the personal data Act (1998:204) about

rectification and Indemnity apply to the processing of

personal information under this Act or the regulations that have

in connection with this Act.



Thinning



section 16 Information about job seekers in a labour market policy

database expires two years after the end of the year in which the

the processing of the data has been completed in the case of the

supervisory authority.



Tasks that have been separated for statistical purposes shall be screened

ten years after the separation.



The Government, or Government authority determines,

provide for exceptions to these screening times when

the conservation of materials for research needs. Such

material should be left to an archives authority.



Additional regulations



section 17 the Government announces further regulations on the

personal data may be processed in a labour market policy

database.



Government, or the Government authority determines,

regulations on the restriction of the personal data that may

treated in a labour market policy database.



Appeal



section 18 A decision on rectifying or refusing

request for information under section 26 of the personal data Act


(1998:204) may be appealed to the administrative court. Other

decisions under this law may not be appealed.



Leave to appeal is required for an appeal to the administrative court.



Transitional provisions



2002:546



1. this law shall enter into force on 1 August 2002, when the law

(1994:459) of PES registry expires.



2. The older Act regulations for thinning and

registry content, however, is still in the field of information

and documents added to a PES record

and labour market Board central statistical register before

on 1 August 2002.



3. the provisions of this Act shall not apply until

on October 1, 2007 in the matter of such manual processing of

personal data commenced before or on 24 October 1998

manual processing for a particular purpose if

manual processing for this purpose began before the October 24

1998.

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