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Law (1999:90) Concerning The Processing Of Personal Data By The Tax Agency's Involvement In Criminal Investigations

Original Language Title: Lag (1999:90) om behandling av personuppgifter vid Skatteverkets medverkan i brottsutredningar

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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.