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.