Advanced Search

Law (2001:184) On The Processing Of Data In The Enforcement Service Activity

Original Language Title: Lag (2001:184) om behandling av uppgifter i Kronofogdemyndighetens verksamhet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Chapter 1. General provisions



The scope of the law



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

Enforcement agency with enforcement and collection,

debt relief orders to pay and assistance,

European order for payment, supervision of business as well as in

other activities especially incumbent upon enforcement authority, if

the treatment is completely or partially automated or if

the data form part of a filing system or are intended to form part of a structured

collection of personal data that are available for searching

or compilation according to specific criteria.



The provisions of the 4, 5 and 7 sections, Chapter 2. and Chapter 3. 3 a of the terms

also in the treatment of data concerning legal persons and

the deceased. Law (2008:883).



Relationship with other provisions of

personal data processing



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 provisions of the subject that is regulated in 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 with the exception of what

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 in databases

also applies to section 22 of the Privacy Act.



3 (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 (2013:336).



Purpose



section 4 of the data may be processed for the purposes referred to in Chapter 2. 2,

3, 8, 9, 14, 15 and 20 sections.



Privacy responsibility



paragraph 5 of the enforcement authority is responsible for the

Treatment Authority shall perform. Law (2006:733).



The processing of sensitive personal data, etc.



6 § 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 matter 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



section 7 of the 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. Enforcement authority's databases



Enforcement and collection database



section 1 of the activities with enforcement and collection, the

be a collection of information using the automated

therapy used jointly in the activities of the 2 and 3 sections

specified purposes (enforcement and collection database).



Purpose



section 2 of the data may be processed in the database for the provision

of information needed in the enforcement service and

The tax agency's activities



1. enforcement or other action that is especially incumbent on

Enforcement authority under the enforcement code or other

Constitution,



2. recovery of State assets, etc.,



3. tax credit refunds of taxes and duties,



4. application for and supervision of disqualification,



5. Prevention of over-indebtedness,



6. performance of an obligation imposed by an order Sweden

binding international commitment, and



7. supervision, control, monitoring and planning of

the business. Law (2011:1543).



paragraph 3 of the data may be processed in the database for the provision

of information needed in legal activities

with anyone other than the bailiff for



1. tax credit refunds of taxes and duties,



2. settlement in the payment of contributions,



3. planning, coordination and monitoring of audit and other

control activities of tax and tariff please call,



4. investigations by the determination and payment of taxes,

Customs duties and charges,



5. matters concerning responsibility for someone else's taxes and fees

and



6. control and enforcement as well as the aptitude-and

application review and other similar remedies.

Law (2011:532).



Content



4 section in the database gets data about people who

the scope of activities under paragraph 2 of 1-5. Data on other

people may be treated if needed for dealing with a

goal.



§ 5, for the purposes set out in paragraph 2, the following information

processed in the database:



1. a natural person's identity, residence and

family relationships;



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

other representatives,



3. an individual's financial circumstances,



4. disqualification,



5. property involved in a case,



6. claim and grounds in a case or matter,



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

case or case, and



8. The enforcement service notification of suspicion of crime, as well as,

If the information is the basis for a request for execution,

data relating to offences involving offences or convictions

in criminal cases.



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.

Law (2011:1543).



Thinning



section 6 information and documents in the database are to be culled last

five years after the end of the calendar year in which the target or subject

that the information or documents relating to terminated.

Data that cannot be related to a specific case or case

will be screened at the latest five years after the end of the calendar year in which

all matters relating to the person to whom the data

refers to was completed.



Payment procedure and assistance database



section 7 of the operations with payment order and Executive assistance

as well as the European order for payment, there shall be a

collection of information by means of automated processing

used jointly in the activities of the 8 and 9 sections specified

purposes (order for payment and assistance database).

Law (2008:883).



Purpose



§ 8 data may be processed in the database for the provision

of information needed in the enforcement service activity

for



1. the handling of the case of a payment order,

assistance or European order for payment,



2. the provision of rulings in proceedings concerning orders to pay

and assistance as well as the Declaration of enforceability in case if

European order for payment,



3. Prevention of over-indebtedness, and



4. supervision, control, monitoring and planning of

the business. Law (2011:532).



§ 9 data may be processed in the database for the provision

of information needed in the legal activities of

other than by the enforcement authority for the supervision and

eligibility and application process, and other similar

trial. Law (2006:733).



Content



section 10 of the database, data on persons who

the scope of activities pursuant to section 8 1 – 3. Data on other

people may be treated if needed for dealing with a

goal. Law (2011:532).



section 11 for the purposes set out in section 8, the following information

processed in the database:



1. a natural person's identity, residence and employment,



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

representatives,



3. claims and pleas in law in the course of proceedings,



4. other conditions, if the data is supplied a goal and is

relevant to the proceedings,



5. decisions and other measures in an objective, and



6. offences involving offences or convictions in the

criminal matters, if the information is the basis for a request for a ruling.



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.



Thinning



section 12 information and documents in the database are to be culled last

three years after the end of the calendar year in which the target

information or documents relating to terminated.

Details of the ruling in the case of a payment order shall be

screening at the latest 10 years after the end of the calendar year in which the

the ruling became final.



Debt consolidation database



paragraph 13 of the business with debt settlement, there shall be a


collection of information by means of automated processing

used jointly in the activities of those in the 14 and 15 section specified

purposes (debt restructuring) database.



Purpose



section 14 of the data may be processed in the database for the provision

of information needed in the enforcement service activity

for



1. handling cases for debt relief,



2. Prevention of over-indebtedness, and



3. supervision, control, monitoring and planning of

the business. Law (2011:532).



section 15 of the data may be processed in the database for the provision

of information needed in the legal activities of

other than by the enforcement authority for the supervision and

eligibility and application process, and other similar

trial. Law (2006:733).



Content



section 16 of the database, data on persons who

the scope of activities under section 14 of 1 or 2. Data on

other people may be processed if necessary for examining

of a case. Law (2011:532).



section 17, for the purposes set out in section 14, the following information

processed in the database:



1. a natural person's identity, residence and

family relationships;



2. a legal person's identity, registered office and representative,



3. an individual's financial circumstances,



4. claim and grounds in a case,



5. decisions and other measures in a case, and



6. offences involving offences or convictions in the

criminal matters, if the information is the basis for a claim in a

case.



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.



Thinning



section 18 of the information and documents in the database are to be culled last

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

information or documents relating to terminated. Has

debt relief granted in a case, information and

documents, however, expires no later than seven years after the end of the

calendar year in which the decision to grant debt relief was taken.



Bankruptcy protection database



section 19 of the activities with supervision in bankruptcy, there shall be a

collection of information by means of automated processing

used jointly in the activities of the section 20 of specified

purposes (bankruptcy protection) database.



Purpose



section 20 of the data may be processed in the database for the provision

of information needed in the enforcement service activity

for



1. the handling of bankruptcy supervisory matters and cases under

the wage guarantee Act (1992:497),



2. Prevention of over-indebtedness, and



3. supervision, control, monitoring and planning of

the business. Law (2011:532).



Content



section 21 of the database, data on persons who

the scope of activities under section 20 1 or 2. Data on

other people may be processed if necessary for examining

of a case or matter. Law (2011:532).



section 22 for the purposes set out in section 20, the following information

processed in the database:



1. bankruptcy bos identity,



2. a natural person's identity and residence,



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

representatives,



4. an individual's financial circumstances,



5. judicial or administrative decisions,



6. claim and grounds in a case or issue, and



7. decisions and other measures in a case or matter.



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.



Thinning



section 23 of the data and documents in the database that can be attributed to

a bankruptcy supervisory matter shall expires five years after

the end of the calendar year in which the case was closed, but no earlier than

ten years after the end of the calendar year in which the decision about bankruptcy

was taken.



Information and documents that can be attributed to pursuant

the wage guarantee Act (1992:497), expires at the latest three years after

the end of the calendar year in which the handling of the case

ended.



Common provisions on databases



Electronic documents



section 24 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. section 6.

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



section 25 of the Data in a database may be disclosed to an individual on the

medium for automated processing only if the Government has

announced regulations on it.



Access to personal data



section 26 of the access to personal data is restricted to what

each needs to be able to fulfil their

work tasks.



The Government or the authority, as the Government determines

announces the availability of

personal data. Law (2011:532).



Direct access



paragraph 27 of the customs service and the security police may have direct access to

information referred to in paragraph 5 of the 1-7. The same applies to the Swedish tax agency in

its fiscal operations and in the work's handling according to the

Act (2007:324) if the tax agency's handling of certain

creditor information.



The Government announces the details of the data

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

Law (2007:330).



section 28 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 applicant of a case or a case may have

direct access to information about the case or matter, if

the Government has admitted it, but not to the documents referred to

in section 24.



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. Law (2001:1183).



Search terms



section 29 when searching for documents referred to in section 24 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. 6 §

be used.



After the end of the third year after a goal

completed may only utslagets number be used as search terms

in order for payment and assistance database in question

If the details of the ruling in the case. Law (2009:494).



Other provisions



section 30 of the Swedish Enforcement Administration may charge fees for dropping out

data from a database in accordance with the detailed rules of which

announced 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. Law (2006:733).



as stated in section 31, 6, 12, 18 and 23 sections shall not prevent

the Government or the authority, as the Government determines

announces that information or documents shall

shall be kept for longer than provided for in those provisions.



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 24, 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) about

damages applies to the processing of personal data in accordance with

This law or connecting constitutions. Law (2008:213).



3 a of the Swedish enforcement authority shall, at the request of the data subject

as soon as correct, block or delete such data as



1. has not been treated in accordance with this Act or

connecting statutes, or



2. is misleading in respect of the data subject's will or

ability to meet its financial commitments.



If the data is disclosed to third parties, shall

Enforcement authority inform him if the measure referred to in the first

subparagraph, if the data subject so requests, or if more significant

harm or inconvenience to the data subject can be avoided at

This way. Any notice need not be given, if

This would involve a disproportionate effort.

Law (2008:213).



Appeal



paragraph 4 of The decision on correction and if information

shall be submitted in accordance with 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



2001:184



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

enforcement register Act (1986:617) and the Act (1991:876) if

Register for a payment order and Executive assistance 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.