Law (2001:617) Concerning The Processing Of Personal Data Within The Prison System

Original Language Title: Lag (2001:617) om behandling av personuppgifter inom kriminalvården

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The scope of the law



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

correctional activities in respect of persons



1. the person who is the subject of the investigation,



2. who are detained,



3. who is sentenced to prison,



4. who is sentenced to probation,



5. who is sentenced to a suspended sentence with the regulation on

community service,



6. who is subject to imprisonment as a conversion sentence for fines

or a penalty,



7. that due to foreign judgment shall give effect to such

penalty referred to in 3-6 in Sweden,



8. who otherwise are inmates in custody or

correctional institution, or



9. that would otherwise be carried by correctional service.



The law only applies if the processing of personal data is

completely or partially automated or if personal data is included

in or are intended to form part of a structured set of

personal data that is available for searching or

compilation by specific criteria.



Relationship with other provisions of

personal data processing



subject to section 2 of this Act or regulations

has been notified pursuant to this Act shall apply

personal data Act (1998:204) in the treatment of

personal data within the prison system.



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 Act and the personal data Act

(1998:204). Law (2013:337).



Purpose of the processing



section 3 of the probation service may process personal data only if it

needed to



1. the Agency shall fulfil its tasks in accordance

as prescribed in law or regulation,



2. facilitate access to such information on the

enforcement of the penalty or detention that judicial

authorities, or



3. maintain security and prevent crime during the period

as a measure under paragraph 1(1), 2-9 in progress.



Personal data shall be processed in accordance with the first subparagraph may also

processed if necessary for supervision, planning, monitoring and

quality control of the business. Act (2005:983).



Privacy responsibility



section 4 of the Swedish prison and probation service is responsible. Act (2005:983).



The processing of sensitive data



§ 5 data on 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,

These data are supplemented with the data referred to in

the first paragraph, if it is absolutely necessary for the purpose of

the treatment.



Personal data referred to in the first subparagraph shall not be used as a

search term unless the Government made provision for it.

regulations may be communicated only for the purpose mentioned in

paragraph 3 3. Law (2008:577).



Direct access



section 6 of the Direct access to the personal data processed under

This law shall be reserved to persons due to

their work within the prison system need access to

the data.



In case of direct access to information that may be disclosed to

another authority applies to section 10.



Thinning



section 7 of the personal data processed under this Act shall

culled as soon as they are not needed for the purposes for which it was collected

for, but not later than 10 years after the last sentence

or action relating to the data subject completely has been executed

or ceased.



Notwithstanding the first subparagraph, data are retained

for historical, statistical or scientific purposes.



Rectification and indemnity



§ 8 the provisions of the personal data Act (1998:204) for rectification

and damages applies to the processing of personal data in accordance with

This law or according to the rules given in

connection to this law.



Disclosure of data



§ 9 data necessary to produce

legal statistics shall be submitted to the authority responsible

to produce such statistics.



Additional regulations



10 § Government Announces rules on



1. personal data shall be disclosed to the authority even in

other than as stated in section 9, and



2. the authorities in so doing may have direct access to

personal data.



Direct access to the personal data referred to in the first subparagraph shall

be reserved for the people at the Agency who, because of

their duties require access to the data.



section 11 of the Government, or the Government authority determines,

Announces rules on



1. the limits of the purposes specified in paragraph 3,



2. limitations of the data may be processed for a

particular purpose,



3. direct access in accordance with section 6 of the first subparagraph,



4. when thinning, as well as



5. disclosure of information under section 9.



Appeal, etc.



12 § correctional decision on rectification and about information

According to section 26 of the personal data Act (1998:204) may be appealed to the

General administrative courts.



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

Act (2005:983).



paragraph 13 of the decision may not be appealed under section 12 before decision

have been examined by the prison service. Such a review shall

be requested by the decision concerns if it's been him or

her mind. An appeal against a decision which does not have

being reviewed shall be considered as a request for reconsideration.



Upon review under this section, the decision may not be changed

to the detriment of the individual. Act (2005:983).



section 14 of the request for review shall be in writing and be

come in to the prison system within three weeks from the date of

the individual received the decision. In the request for reconsideration

the individual shall specify which decisions referred to and which

amendment in order that he or she desires. Act (2005:983).



section 15 of the prison service considers whether the letter of request for

review has come in at the right time. If the letter has arrived

too late, it must be rejected, unless the delay is due to

the Agency provided the individual faulty intelligence about how

to request reconsideration. Act (2005:983).



section 16 of the prison and probation service decision under section 12 may be appealed to the

administrative law in whose area of jurisdiction the correctional,

the custody or free care Office is located where the individual

was enrolled as the first decision in the case was made.



Decisions concerning a person who is not enrolled in a

correctional institution, a detention or a free-care offices in

the country may be appealed to the administrative law Government

determines. Law (2009:837).



Transitional provisions



2001:617



1. this law shall enter into force on 1 October 2001.



2. The provisions of the Act shall not apply until the

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 commenced before the October 24

1998.



2005:983



1. this law shall enter into force on 1 January 2006.



2. Older rules still apply in the case of

appeal of decisions taken prior to the entry into force.

Related Laws