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Law (2001:185) If The Processing Of Data In The Customs Service's Activities

Original Language Title: Lag (2001:185) om behandling av uppgifter i Tullverkets verksamhet

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Chapter 1. General provisions



The scope of the law



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

Swedish Customs ' operations, if the processing is wholly or partly

automated or if the information included in or intended for

be part of a structured set of personal data which are

available for searching or compilation according to specific

criteria.



The provisions of the 4-6 and 8 sections and Chapter 2. also applies to

the processing of data concerning legal persons.



The provisions of this Act do not apply to the processing of data

in the law enforcement activities of the Customs and Excise Department conducts. For

such treatment, there are special provisions in the Act

(2005:787) on the processing of data in the customs

law enforcement activities. Act (2005:790).



The relationship to the personal data Act



section 2 unless otherwise provided for in paragraph 3, or 3. This law applies in

rather than the personal data Act (1998:204).



A registered will not be entitled to oppose such operations

that is permitted under this Act.



3 § When personal data are processed under this law or under

other regulations made under the Act applies

personal data Act (1998:204) provisions on



1. the definitions in section 3,



2. relationship to the principle of public accommodation in section 8,



3. basic processing requirements in section 9, except as

as stated in the first paragraph and the third subparagraph,



4. security of processing in 30-32 sections,



5. transfer of personal data to third countries in §§ 33-35,



6. the data protection officer, accommodation in paragraph 36 and 38 to 41 sections,



7. information for the public on certain treatments in 42 §,



8. supervisory powers in sections 43 and 47, and



9. the sentence in paragraph 49.



The processing of personal data which are not in the database

also applies to section 22 of the Privacy Act. Act (2005:790).



Purpose



section 4 of the data may be processed for the provision of

information needed by the Customs and Excise Department for



1. controlling, accounting, payment and repayment of

Customs duties, other taxes and charges,



2. monitoring, auditing and other analysis or

control activities,



3. performance of an obligation imposed by an order Sweden

binding international commitment, and



4. supervision, control, monitoring and planning of

the business.



Data processed in accordance with the first subparagraph may also

processed for the provision of information needed in

Swedish Customs ' law enforcement activities in accordance with article 7 of the law

(2005:787) on the processing of data in the customs

law enforcement activities. Act (2005:790).



4 a of the data may be processed to inform the public

If the condition and about certificates for authorised economic

actors. Law (2010:103).



§ 5 data may be processed for the provision of

information needed in the legal activities of

someone other than the Customs Office of



1. determination of the basis for, and controlling, accounting,

payment and refund of taxes or fees,



2. revision and other analysis or control activities,



3. supervision and suitability and application review and other

similar examination, and



4. enforcement and collection.



Privacy responsibility



section 6 of the customs service is personal responsible for the treatment of

personal data.



The processing of sensitive personal data, etc.



7 § sensitive personal data as set out in paragraph 13 of

personal data Act (1998:204) and details of

violations of law, etc., as set out in paragraph 21 of the same law may be treated

only if data has been provided in a case or is

necessary for the handling of it.



Information referred to in the first subparagraph may in other cases be treated

unless specifically provided in Chapter 2.



Thinning



§ 8 data processed automated in a case shall

expires later than one year after the matter has been completed if

not the Government or the authority the Government has

announced rules that the data must be culled at a

other time or that the data should be preserved.



For data processed pursuant to Chapter 2. Special

provisions.



Chapter 2. Tariff database



section 1 of the Swedish Customs ' operations, there should be a collection

data with the help of automated processing is used

common in business for those in Chapter 1. 4 – 5 of the specified

purposes (Customs) database. Law (2010:103).



Content



section 2 of the database, data on persons who

the scope of activities referred to in Chapter 1. 4 § 1-3. Data on

other people may be processed if necessary for examining

of a case.



section 3, for the purposes set out in Chapter 1. paragraph 4, the following

data are processed in the database:



1. a natural person's identity and residence,



2. a legal person's identity, registered office, authorised signatory and other

representatives,



3. identifiers for means of transport, containers and

thoughts,



4. customs tariffs,



5. registration of taxes and levies,



6. basis for customs duties, other taxes and charges,



7. determination of customs duties, other taxes and charges,



8. revision and control of the customs, tax and other

fees,



9. permits and licences required for the import or export of

goods,



10. claim and grounds in a case, and



11. decision, payment, accounting and other measures in a

case.



In the database, other data needed for

performance of an obligation imposed by an order Sweden

binding international commitment.



The Government or the authority, as the Government determines

Announcing the details of the data that may

processed in the database referred to in the first subparagraph.



section 4 of an act that has come into a case may be dealt with in

database and may contain the information referred to in Chapter 1. 7 §.

A document, drawn up in a case may be dealt with in

database and may contain such data if they are

necessary for handling.



Disclosure of information to individuals at medium for

automated processing



§ 5/expires U: 2016-05-01/

Information in the database may be disclosed to an individual on the

medium for automated processing only if the Government has

announced regulations on it.



§ 5/comes into force in: 2016-05-01/

In addition to the provisions of the customs legislation as defined in Chapter 1. section 3 of the Customs Act (2016:253), the data in the database is disclosed to an individual on the medium of automated processing only if the Government has announced regulations on the law (2016:276).



Direct access



section 6 of the repealed law (2005:790).



section 7 of the Swedish tax authorities may have direct access to the information referred to

in paragraph 3 of the 1, 2, 5-7, 10 and 11 in respect of persons who are or may

is assumed to be taxable or appear in a case under the

Act (1998:506) if the excise control of transport accommodation of

alcohol products, tobacco products and energy products.



The Swedish Enforcement Administration may have direct access to data

pursuant to section 3 of 1, 2, 5-7, 10 and 11 in the case of the one that is

registered as debtor in enforcement authority or make

to the debtor or any other person who is equated with make.



The Government announces the details of the data

direct access within the meaning of the first subparagraph may comprise.

Law (2007:467).



section 8, an individual may have access to such information on the

itself in the database that may be divulged to him

the Government has announced regulations on it.



The Government or the authority, as the Government determines

Announces rules on what data may be subject to

direct access in accordance with the first paragraph.



/Rubriken expires U: 2016-05-01/

Publication via the Internet



8 a of/expire U:2016-05-01 by law (2016:276)./

253m in article 3 of Commission Regulation (EEC) no

2454/93 laying down detailed rules for the application of Council regulation

(EEC) No 2913/92 establishing the Community customs code

the community provides for publication via

The Internet of the data on the device state.



Article 253m 3 requiring prior consent

also applies where the Customs intend to over the Internet

publish data on other conditions or if

certificates for authorised economic operators. Law (2010:103).



Search terms



§ 9 when searching for documents referred to in paragraph 4 may only

the name, personal or coordination number and

information referred to in Chapter 5. section 2 of the public access to information and

secrecy (2009:400) can be used as a search term. As

search term must not, however, task referred to in Chapter 1. 7 §

be used. Law (2009:495).



Thinning



§ 10 data and documents in the database are to be culled last

six years after the end of the calendar year in which the data or

the documents were processed in the database the first time.



If the law has prescribed longer

time for the conservation of certain data than provided for in the first

subparagraph, applies the regulation.



The first subparagraph shall not prevent the Government or

the authority that the Government Announces rules on

that the information or documents shall be kept for a longer time

than provided for in the first subparagraph.



Fees



section 11 of the customs service may collect charges for disclosing information

from the database according to the detailed rules issued by

the Government.



The right to charge fees in accordance with the first paragraph shall not

mean restriction of the right to access and to set

fee to get a copy or transcript of the public document under

freedom of the Press Act.



Chapter 3. Rights of individuals



Information to the data subject



Article 1 for the purposes of this Act, the provisions of

information to the data subject in 23 and 25-27 §§


personal data Act (1998:204), the restriction referred to in

2 §.



section 2 of the Information to be provided pursuant to section 26 of the

personal data Act (1998:204) do not need to include the task in

a document referred to in Chapter 2. section 4, if the individual has taken

part of the document's content. If the individual requesting it shall

However, the data also include the task in such a document.



If the information does not contain the document referred to in the first

subparagraph, the information that writ

processed in the database.



Rectification and indemnity



paragraph 3, 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 connecting constitutions.



Appeal



section 4 of the Swedish Customs ' decision on rectification and on information to be

pursuant to section 26 of the personal data Act (1998:204),

be appealed to the administrative court. Other decisions according to

This law may not be appealed.



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



Transitional provisions



2001:185



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

customs records Act (1990:137) shall cease to apply.



2. the Provisions of the law on the basic requirements for the treatment of

personal data and the processing of sensitive personal data and

data relating to offences, etc., shall not be applicable

until 1 January 2007 in the case of such a manual treatment

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.



3. Have a request for an extract from the register according to section 10 of the data Act

(1973:289) received before this Act comes into force but has

the statement was not fulfilled prior to the entry into force, shall

the petition shall be considered as a request for information under the

This law.



4. The provision on damages shall apply only if the

circumstance that the claim relates to have occurred after the

the law has come into force with respect to the current

the treatment.