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Act (1998:938) Concerning The Processing Of Personal Data On Forces

Original Language Title: Lag (1998:938) om behandling av personuppgifter om totalförsvarspliktiga

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The scope of the law



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

forces in the operation the Swedish defence

recruitment agency is conducting to



1. develop a basis for decisions about enrollment, placement of war

or else the requisitioning of staff for national defence,



2. present the staff with tasks within the total defence,



3. ensure that the data subject is continuous,

adequate training and appropriate placement within the

total defense,



4. ensure that the registered obligations

with regard to national service obligations,



5. meet the rights and security of

his or her capacity as totalförsvarspliktig, and



6. plan, monitor and evaluate the activities provided for in

1-5.



In cases where it is stated, in particular, the Act also in business

carried out by anyone other than the Swedish defence

recruitment authority.



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

that are available for searching or compilation under

specific criteria. Law (2010:454).



2 § With forces assimilated for the purposes of

This Act persons who have an obligation to fulfill the task

in total defense at the height of readiness without obligation

based on national service.



Definitions



section 3 with investigation referred to in this law, patterning and other

study on the totalförsvarspliktiges conditions that can

be carried out under the Act (1994:1809) about national service and

special entrance examination under the Act (1994:1810) if

the ability of women to perform military service or civilian service

with longer initial training.



With the automated records of the forces referred to

register with personal information about the forces that brought

of the Swedish defence recruitment authority with the help of

automated processing for the purposes mentioned in paragraph 1 of the first

paragraph. Law (2010:454).



The relationship to the personal data Act



section 4 unless otherwise provided for by this law or by regulations

issued pursuant to the Act, the personal data Act

(1998:204) in the treatment of the personal data of

forces.



Purposes of the processing



paragraph 5 of the personal data collected by the Swedish defence

recruitment authority shall be deemed for the purposes for which they were collected

specified in article 1, first paragraph, if not the Swedish defence

recruitment authority by the collection explicitly states that

It is carried out for other purposes. Equivalent to apply at

The Swedish defence recruitment authority data processing

like other agency collected. Law (2010:454).



The processing of sensitive personal data



6 § sensitive personal data may be processed if it is necessary

for the purposes specified in article 1, first subparagraph.



The first paragraph also applies to municipalities, counties, and State

authorities if the information is required for the investigation of the

totalförsvarspliktiges personal circumstances under Chapter 2. 1 §

the Act (1994:1809) about national service. Law (1999:955).



Responsibility for treatment



section 7 of the Swedish defence recruitment authority is

personal responsible for the processing of personal data

If the forces which authority carries out. Law (2010:454).



Table contents



section 8 of the automated register of forces,

personal data shall be entered only if the



1. are or have been considered for investigation under paragraph 3 of the first

subparagraph,



2. by agreement, decisions about placement of war or otherwise

is utilized for total defense,



3. to perform the specific task in preparedness or on

because of certain skills are important for total defense,



4. of an already registered indicated that related, or



5. listed among the particulars referred to in paragraph 9, 13.



Data on a person referred to in the first subparagraph 4,

be registered only at the height of readiness.



By way of derogation from the first subparagraph,

personal information is recorded on the who made the decision or

dealt with the matter concerning the registered with the Swedish defence

recruitment agency or of any other person who performed an

the investigation referred to in section 3(1). The same applies to

personal information about the person who made the note in connection

with such an investigation or in connection with the data subject's

service in the armed forces. Law (2010:454).



§ 9 in the automated records of forces,

only the following personal data entered:



1. social security number or co-ordination number, name, address,

telephone number and registered location,



2. obstacles to the implementation of the investigation referred to in paragraph 3 of the first

subparagraph, for training or for war placement or other

utilization of the data subject for the Swedish defence

sheet,



3. accommodation and family relationships as well as supply, if

the task required for the Swedish defence recruitment authority

to fulfil their obligations in terms of benefits to the

forces,



4. education, employment, knowledge, skills, aptitudes and

interests relevant to the evaluation of the

data subject's usefulness in total defense;



5. physical and mental health and ability along with the information

is the basis for the assessment thereof,



6. If the data subject is a Swedish citizen or not,



7. exit in case of liability for breach of

national service obligations,



8. the data subject has been sentenced to punishment for crimes

shown by task from the criminal records that the Swedish defence

recruitment authority is a part of,



9. the data subject has undergone background checks under

safety protection Act (1996:627), the safety class

results of this trial are intended and,



10. as determined by the registration according to the law

(1994:1809) about the National Service Act (1994:1810) if

the ability of women to perform military service or civilian service

with further education,



11. the armed position, other costs incurred by the registered

for total defense or special task which he or she

will perform at the preparedness,



12. service in the total defense and score, testimonial,

appointments and awards relating to this,

as well as the



13. personal circumstances otherwise invoked by the

registered, if they relate to his or her service in the

total defense.



Other sensitive personal data than data relating

health or religious beliefs may not be entered in a

automated register of forces. Data

If religious beliefs may only be registered if the

data subject has given his explicit consent to the

the data are processed in the registry, and they relate to his or her

service in the armed forces. Law (2010:454).



section 10 by way of derogation from article 9 of the first subparagraph,

decisions relating to national service obligations as well as timing and

time periods for registered relationships as well as necessary

Administrative and technical details are recorded.



As regards the registered under section 8, first subparagraph

4, may only name, address and relationship to the

provide him or her as a relative entered in the register.



As regards the persons referred to in the third subparagraph of paragraph 8 shall only

name, title and place of service is recorded.



section 11 of the Government, to the protection of personal privacy info

regulations for additional restrictions on what may be brought

into the automated records of the forces under 8

and 9 sections.



Direct access



section 12 of the Swedish defence recruitment authority has direct access

the automated records of the forces.

The Government may provide that other may have

direct access to the registry. Law (2010:454).



Else's recording of information



section 13 the Government may provide for that other than

The Swedish defence recruitment authority may enter

personal data in the automated records of the

forces and correct these. Law (2010:454).



Search terms



section 14 of the personal information referred to in paragraph 9, 2 and 3

and 5-9 should not be used as a search term only if it

needed for supervision, monitoring or evaluation of

The Swedish defence duty work activities or for the development of

material for research or statistics. The same applies to

data on results from the knowledge test and aptitude investigation as

conducted at such an investigation referred to in section 3(1).



To access personal information related to a

totalförsvarspliktig, if the person who dealt with the case, decided

or made note, only the

totalförsvarspliktiges social security number be used as a search term.

The same applies to access to personal data entered

with the support of 9 paragraph 13 or pursuant to

consent to the note.



By way of derogation from the first and second paragraphs may

necessary search terms used during the time it is needed

correction or to remedy errors arising from

flaws in a computer program.



The Government may provide for additional

limitations of the search terms.



Thinning



section 15 personal data in an automated register of

forces will be culled as soon as the task is not

longer needed for the purposes specified in article 1, first subparagraph.

Personal data concerning them as referred to in paragraph

1-3 will be culled by the end of the calendar year in which the

registered's 70th birthday, unless he or she also then


have a task in total defense at preparedness.

Information about next of kin, policy makers, administrators, the

made note and on the people who are mentioned among what

as indicated under section 9, first paragraph 13 shall be

considered that information relating to the totalförsvarspliktige. Government

may provide for a shorter period of thinning than

under this paragraph.



The Government may provide for exceptions from the

the obligation to screen personal data in terms of conservation of

materials for research needs. Such data shall be

removed from the register at the time they would otherwise have

culled under the first subparagraph.



Privacy



section 16 For disclosure of personal information about forces

respect the limits of public access to information and

Secrecy Act (1980:100). Law (2009:477).



Restriction on the powers of the supervisory authority



section 17 of the supervisory authority under the Swedish personal data Act (1998:204)

shall not prohibit the Swedish defence recruitment authority to

process personal data about forces.

Law (2010:454).



Correction of information



section 18 of the provisions of the personal data Act (1998:204), if the

at the request of the controller, the obligation to

registered to correct, block or delete personal data and

to notify third parties to whom the data have been provided

out, shall also apply when the personal data treated in violation of the

This law or regulations issued under this

team.



Damages



section 19 of the provisions of the personal data Act (1998:204) about

damages shall also apply when the personal data processed in

violation of this law.



Entry into force and transitional provisions



1998:938



1. this law shall enter into force on 24 October 1998. At such

the processing of personal data for which the Act applies and that

already in progress at the time of entry into force, the provisions of

personal data Act (1998:204) apply notwithstanding that

paragraph 2 of the transitional provisions of the Act.



2. The provision in section 6, second paragraph, of the present law shall not

begin to apply until 1 October 2001.



3. With the task of loading the registry also refers to an entry in the

Police records under the Act (1965:94) about police records etc.



1999:955



This law shall enter into force on 1 January 2000.



The provision in section 6, the second paragraph shall not apply

until 1 October 2001.