The scope of the law
section 1 of this Act are in addition to personal data Act (1998:204) at
the processing of personal data in the tax agency's activities
to
1. conduct reconnaissance and investigation of criminal offences referred to in
section 1 of the Act (1997:1024) if the tax agency's involvement in
criminal investigations,
2. prevent offences referred to in 1.
The law applies only if the treatment is completely or partially
automated or if the personal data are or are
intended to be part of a structured set of personal data,
which are available for searching or compilation under
specific criteria. Lag (2003:668).
1 (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 (2013:333).
Definitions
2 for the purposes of this Act, section
Intelligence: the tax agency's activities
is to collect, process and analyse information in order to
clarify whether criminal activity has been exercised or could be
to be exercised and which does not constitute a preliminary investigation pursuant to Chapter 23.
the code of judicial procedure,
serious criminal activities: activities that involve crimes
for which is stipulated imprisonment of two years or more,
special investigation: a study in
intelligence activities involving the collection, processing and
analysis of the data in order to provide a basis for decisions on
investigation or whether special measures for prevention,
prevent or detect crime.
The concepts used in the personal data Act (1998:204) has
corresponding meaning for the purposes of this Act.
Lag (2003:668).
The personal data controller
section 3 of the Revenue Commissioners is a data controller for the processing of
personal data provided by the Agency under this Act.
Lag (2003:668).
The processing of sensitive personal data
paragraph 4 particulars of 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 the data
If a person is treated on the other because the data may
be supplemented with such data if it is strictly
necessary for the purpose of treatment.
Data referred to in the first subparagraph may not, however,
processed in intelligence operations.
Disclosure of data
§ 5 data necessary to produce
justice statistics shall be submitted to the authority responsible for
to produce such statistics.
section 6 of the information may be disclosed to a foreign authority or
International Organization, if disclosure of any
international agreement after the Riksdag Sweden
the authorisation is a party.
That information may be disclosed even in some other case,
of Chapter 8. section 3 of the public access to information and secrecy (2009:400).
Law (2009:479).
section 7 of the Government may provide that the data shall
be disclosed even in cases other than those mentioned in paragraphs 5 and 6.
Notification registry
§ 8 Notification tables may be imported only for the purpose of
1. provide a basis for decisions on specific studies relating to
serious criminal activity, or
2. facilitate access to public information related
to intelligence activities.
§ 9 A notice registry may contain information which could
be attributed to an individual only if data provides
reason to believe that serious criminal activities exerted
or may be exercised and that referred to the data
reasonably be suspected to have carried out or come to exercise
the serious criminal activity.
Information on means of transport or goods which may be assumed to have
connection with the serious criminal activities or about accessibility
likely to have been used in connection with such activities,
be registered, even if the data can be attributed to a single
person there is no suspicion toward. The data
shall be provided with a statement that there is no
any suspicion against him.
section 10 A notification the registry, if a single person
contain only
1. information about where the registered task will
and if the respondent's credibility,
2. identification data,
3. details of any particular objective and permanent physical characteristics;
4. the circumstances and events that give reason to suppose
that the data subject is exercised or could exercise
serious criminal activity,
5. data on goods and means of transport, means of crime,
6. the case number, and
7. reference to a particular survey where data on
the data subject to be treated and to the registers kept by the
The police, the customs service or the tax office in which
data where the data subject is present. Law (2014:675).
Intelligence activities
section 11 of the intelligence activities, personal data may be processed
only if the
1. a special examination relating to the offences referred to in the law
(1997:1024) if the tax agency's involvement in criminal investigations
has been initiated and
2. There is reason to believe that serious crime has
exercised or could be exercised.
Information about an individual that there is no
suspicion against shall bear an indication of this
relationship.
Personal data may also be processed for intelligence registers in
According to § § 8-10. Lag (2003:668).
section 12 of the tax agency's decision concerning the processing of personal data
According to § 11 shall include information about the purpose of
the treatment and the rules otherwise needed to
prevent undue interference with the data subject's personal
integrity.
The tax agency shall maintain a list of decision
referred to in the first subparagraph. Lag (2003:668).
Data processing of the residual suspicions
section 13, If a preliminary investigation in respect of an offence referred to in section 1 of the law
(1997:1024) if the tax agency's involvement in criminal investigations
has been closed down due to lack of evidence, information about
criminal suspicion are processed for purposes other than filing
only if the
1. the suspect under investigation leader assessment
still reasonably suspected of the crime and
2. the data needed for the preliminary investigation shall be
up again. Lag (2003:668).
section 14 if the charges against a person has done or by
enforceable judgment have been acquitted, data on
criminal suspicion are processed for purposes other than filing
only
1. If the pre-trial investigation be re-opened or
2. for the examination of the particular remedies according to chapter 58.
the code of judicial procedure.
Search terms
14 a of for searching in the database of taxation may only task
If the name or personal or coordination number be used as
search terms. Law (2006:851).
Thinning
section 15 information is no longer needed for the purpose,
culled unless otherwise stated in the second to fourth paragraphs. This
does not apply to information in a preliminary investigation.
Data processed in accordance with section 11 shall expires later than one year
After the decision on the treatment of personal data
was taken. If it is of particular importance to the Special
the investigation shall be terminated, however, the data
treated for longer periods of time.
Information in a notification table if a registered person
be culled within three years after that,
It can reasonably be suspected to have carried out or come to
pursue serious criminal activity last introduced. If a
special investigation relating to a data subject has
However, the data need not be pruned until
the investigation has been completed.
The Government or the authority that the Government may
provide that the data shall be retained for
historical, statistical or scientific purposes.
Rectification and indemnity
section 16 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 under the regulations
has been issued with the support of the law.
Appeal
section 17 of the tax agency's decision on rectification under section 16 shall
be appealed to the administrative court.
Leave to appeal is required for an appeal to the administrative court.
Lag (2003:668).
Transitional provisions
2003:668
1. this law shall enter into force on 1 January 2004.
2. the new provisions of paragraph 3 shall also apply to the treatment of
personal data such as tax authorities carried out.
3. section 17 of the Old regulations still apply for
appeal against a decision given before the date of entry into force.