﻿Ordinance of the law on registers of public authorities
The law on public authorities ' registers is hereby published, CF. Legislative Decree No. 621 of 2. October 1987, with the amendments resulting from Section 11 of law no. 192 of 29. March 1989 and law no. 346 of 6. June 1991.




Chapter 1
Scope of the law


§ 1. The law applies to computer records kept for the public administration and containing personal data.


Paragraph. 2. Computerised registers shall mean registers or other systematized records using electronic data processing.


Paragraph. 3. Personal data means information that can be attributed to specific persons, even if it requires knowledge of the personal identification number, registration number or similar special identifications.


Paragraph. 4. The law does not cover computerised registers containing only source material (Legal Information Systems) which are part of the State Legal Information System and which are publicly available.


Paragraph. 5. The minister of Justice May, after obtaining the opinion of the Registry Authority, allow other legal information systems to be exempted, in whole or in part, from the provisions of the law, when this is deemed inconceivable. The minister of justice may lay down conditions for the authorization to protect the privacy of data subjects.


§ 2. The minister concerned May, after consultation with the minister of Justice, stipulate that the law shall apply in whole or in part to registers kept for specified companies, institutions, associations, etc.v. which cannot be attributed to the public administration. However, this applies only if the costs of your business are mainly covered by state or municipal funds, or to the extent that you have been empowered by law or by law to take decisions on behalf of the state or a municipality. The minister concerned shall lay down rules for the register in accordance with the rules set out in sections 4 and 5.


§ 3. The minister concerned May, after obtaining the opinion of the Danish registry authority, decide that other registers of personal data kept for the purposes of Section 1 (1). 1, and § 2 mentioned authorities and companies m.v., covered by the law.


Paragraph. 2. The minister concerned May, after obtaining the opinion of The Register Authority, decide that the law shall apply, in whole or in part, mutatis mutandis to computer registers kept for the purposes of paragraph 1 (1). 1, and § 2 mentioned authorities and companies m.v., and containing information on commercial undertakings m.v.


Chapter 2
Creation of registers


§ 4. Registers kept before a state authority may be established only with the approval of the minister concerned, after negotiation with the minister for Finance.


Paragraph. 2. Prior to the entry into service of a register, the minister concerned or the person empowered to do so shall lay down rules governing the structure and operation of the register in accordance with the provisions of Chapters 3 to 6.


Paragraph. 3. The provisions of para. Paragraphs 1 and 2 shall apply mutatis mutandis to the interconnection of registers compiled for the purpose of carrying out various tasks. However, this does not apply to interconnections carried out solely for the purpose of extracts for statistical or scientific purposes.


§ 5. Prior to the granting of approval or the establishment of rules as referred to in Section 4, an opinion must be obtained from the Registry Office.


Paragraph. 2. In cases where the competence to lay down regulations referred to in § 4, para. If, in accordance with Article 2 (2), a subsidiary authority has not been able to agree to a draft of such provisions, the matter shall be referred to the minister concerned, who shall take the final administrative decision.


§ 6. Registers kept before a municipal authority may be established only in accordance with a decision taken at a meeting of the municipal council concerned.


Paragraph. 2. Prior to the entry into service of a register, the municipal council or the relevant municipal authority shall lay down rules on the structure and operation of the register in question, which shall comply with the provisions of Chapters 3 to 6.


Paragraph. 3. Before any decision or provision is made, as referred to in Paragraph 1, 1 and 2, an opinion must be obtained from the Registry Office. If the Registry Office cannot agree to a proposal submitted, the matter shall be referred to the minister for Finance, who shall take the final administrative decision.


Paragraph. 4. The provisions of para. Paragraphs 1 to 3 shall apply mutatis mutandis to the interconnection of registers which have been compiled for the purpose of carrying out various tasks. However, this does not apply to interconnections carried out solely for the purpose of extracts for statistical or scientific purposes.


§ 7. Joining a register or a system of registers designed to be accessible to municipal authorities from several municipalities may take place only when the register or the system of registers has been approved by the minister for Finance and the minister or, at his discretion, another minister has laid down rules on the structure and operation of the register or system in question which comply with the provisions of Chapters 3 to 6.


Paragraph. 2. Prior to the granting of approval or to the adoption of the requirements referred to in Paragraph 1, 1, the opinion of the Registry Office shall be sought.


Paragraph. 3. The provisions of para. Paragraphs 1 and 2 shall apply mutatis mutandis to the interconnection of registers established for the purpose of carrying out various tasks. However, this does not apply to interconnections carried out solely for the purpose of extracts for statistical or scientific purposes.


Paragraph. 4. The municipal council or the one authorized by the municipal council may provide that the municipality joins a register or a system of registers of the 1 said character. The decision must be notified to the registry office within 4 weeks of notification of any special conditions for connection.


§ 8. Regulations as mentioned in § 4, para. 2, § 6, stk. 2, and § 7, para. 1, as well as any amendments thereto, shall be forwarded to the registry office immediately after their completion.


Paragraph. 2. The rules laid down for a register or a system of registers shall be made available to the public on application both to the controller or authorities and to the Data Protection Supervisor. However, this shall not apply to the extent that secrecy is required in the interests of the implementation of the required safeguards or essential considerations of other public interests.


Chapter 2 a


Exemption of certain types of register from the regulatory requirement m.v.


§ 8 a. Records kept before a state authority and which do not contain information of a confidential nature are exempt from the provisions of Section 4 (2). 2 and 3, See § 5.


Paragraph. 2. In the In addition, without laying down any requirements, identification information, including Social Security number, and information on payment to and from a public authority may be recorded in the registers referred to in paragraph 1.


Paragraph. 3. A government authority establishing a register without a register requirement, CF. paragraph. 1, must, within 4 weeks of establishment, notify the register to the Registry Office, indicating the purpose, circle of persons, data content and size of the register.


Paragraph. 4. The registry supervision may provide that, taking into account the purpose, circle of persons, data content, size and scope of the registry, rules for the Registry shall be laid down.
§ 8 b. Registers kept before a municipal authority and which do not contain information of a confidential nature are exempt from the provisions of Section 6 (2). 2-4, and § 7, para. 1-3.


Paragraph. 2. In the In addition, without laying down any requirements, identification information, including Social Security number, and information on payment to and from a public authority may be recorded in the registers referred to in paragraph 1.


Paragraph. 3. The local council may, notwithstanding the provisions of § 6, para. 1, Determine the amount specified in Paragraph 1. 1, see paragraph. 2, said registers, may be established by decision of the municipal committee or in the Municipal Administration.


Paragraph. 4. Prior to this, a single municipal register, which is covered by paragraph 1 of this article. 1, see paragraph. If, in accordance with paragraph 2, the registry is put into service, the person establishing the Registry shall draw up a description of the purpose, circle of persons, data content and size of the registry which may form the basis for drawing it up in Paragraph 2. 5 said overview.


Paragraph. 5. The municipal council must prepare a quarterly overview of the new registries established in the municipality without regulations. The summary shall include a description of the purpose, persons, data content and size of each registry. The statement shall be transmitted to the registry office within 4 weeks of the end of the quarter.


Paragraph. 6. The minister of Finance must approve the establishment of a common municipal register, which is covered by Paragraph 2 of art. 1, see paragraph. 2, and must, within 4 weeks of approval, notify the register to the Registry Office, indicating the purpose, circle of persons, data content and size of the register.


Paragraph. 7. The registry office may provide that, taking into account the purpose, circle of persons, data content, size and scope of the registry, rules shall be drawn up for the registry.


§ 8 c. The Danish registry office may provide that notifications and reports pursuant to § 8 a, para. 3, and § 8B (par. 5-6, must be done in a specified manner, including by means of forms drawn up by the Registry Office.


§ 8 d. The interconnection of registers containing confidential information, as referred to in point (a); § 8 a, par. 2, and § 8B (par. 2, do not take place without regulations. However, this does not apply to interconnections carried out solely for the purpose of extracts for statistical or scientific purposes or for the purpose of updating identification and payment information.


§ 8 e. The minister of Justice May, after obtaining the opinion of the Danish Register authority, lay down rules that certain types of registers are exempted from the provisions of § 4 (2). 2 and 3, See § 5, § 6 and § 7, para. 1-3. However, this does not apply to registers containing information on purely private matters, CF. § 9 (art. 2.


Chapter 3
Recording and storage of information


§ 9. Only information which is clearly relevant for the performance of the tasks of that authority may be recorded. In addition, information which is clearly relevant for the performance of the tasks of another authority must be recorded if the register is arranged in such a way that the information can only be used by the other authority.


Paragraph. 2. No information on political matters that is not publicly available shall be recorded. Other information on individuals ' purely private matters, including information on race, religion and colour, on associative, sexual and criminal matters, and information on health, significant social problems and abuse of pleasure and the like., shall not be registered unless this is necessary for the performance of the tasks of the registry.


Paragraph. 3. Registered data which, due to their age or for other reasons, have lost their significance for the performance of the tasks of the Registry shall be deleted. The registers used on an ongoing basis shall be designed to update the information as necessary.


Paragraph. 4. The minister of Justice May, after obtaining the opinion of the Danish registry office, allow copies of the register to be transferred to archives under specified conditions.


§ 10. The rules governing a register may provide for a registered notice of entry in the register.


Paragraph. 2. The minister of Justice May, with respect to registries containing information as mentioned in § 9, Para. 2, after obtaining the opinion of the data protection supervisory authority, lay down rules requiring the controller authority to notify the person who is first entered in the register within 4 weeks of registration.


Paragraph. 3. Notifications by paragraph. Paragraphs 1 and 2 shall contain information on the data subject's access to information from the register in accordance with the provisions of §§ 13-15.


§ 11. The necessary checks shall be carried out to ensure that no false or misleading information is recorded. Information which proves incorrect or misleading shall be deleted or corrected as soon as possible.


§ 12. Appropriate safeguards shall be taken against misuse or disclosure of the information by unauthorised persons.


Paragraph. 2. Security measures shall include, where appropriate, copies and extracts from the Register, including copies and extracts transmitted to other authorities.


Paragraph. 3. For registers containing information of particular interest to foreign powers, measures shall be taken to permit their disposal or destruction in the event of war or similar circumstances.


Chapter 4
Access by registered persons to information about themselves


§ 13. Where a data subject so requests, the controller authority shall notify the data subject as soon as possible of the data recorded about him.


Paragraph. 2. If a person about whom information is recorded as mentioned in § 9, Para. 2, if he so requests, the person concerned shall, at intervals to be laid down in the regulations, have a copy of the information recorded concerning him. However, this only applies if the data subject is not otherwise made aware of the data subject. Rules on payment for messages as mentioned in 1 may be laid down. pkt.


Paragraph. 3. The rules governing the register may provide that the data subject must have a copy of the information recorded about him or that the data subject must be able to make a request to that effect at specified intervals. Rules on payment may be laid down.


Paragraph. 4. The provisions of para. Paragraphs 1 and 2 shall not apply where the data subject's interest in obtaining the information is found to give way to decisive public or private interests, including those of the data subject himself. Where such considerations apply only to part of the information, the data subject shall be made aware of the other information.


Paragraph. 5. The provisions of para. Paragraphs 1 to 3 shall not apply to registers compiled solely for the purpose of making statistical extracts. For other registers, exceptions to the right to obtain information under Paragraph 1 may be provided. 1-2, in so far as the provisions of paragraph. 4 must be regarded as having the effect of generally refusing such applications.


Paragraph. 6. A registered person who has been notified under Paragraph 2 of this article; 1 and 3, shall not be entitled to a new notification until 6 months after the last notification, unless he can demonstrate a particular interest therein.


§ 14. Notices pursuant to § 13 Para. 1, see paragraph. 4, shall be given in writing upon request. However, in cases where the interests of the data subject speak for that reason, the notifications may take the form of an oral notification of the content of the information.


§ 15. Doubts about the right to receive information under § 13, Para. 1, 2, 4 and 6, § 14 and in accordance with the provisions laid down in accordance with § 13, Para. 2, 3 and 5 may be referred to the Registry Office. The decision of the supervisory authority may not be brought before another administrative authority.


Chapter 5
Disclosure of information to private individuals


§ 16. Information as mentioned in § 9, Para. 2, which can be attributed to specific persons, may not be disclosed to private persons and companies m.v.


Paragraph. 2. Transmission of the information referred to in Paragraph 1 However, the information referred to in paragraph 1 may be provided when:


(1) the person concerned has given his consent; ,
2) it follows from law or regulations established in accordance with law that the information must be disclosed,
3. the disclosure is for the protection of private or public interests which clearly exceed the interests justifying confidentiality, including those to which the information relates; ,
4) the transfer is necessary for the performance of the tasks of a person or company for the public or
5. disclosure is necessary for the conduct of scientific or statistical studies of significant social importance.
Paragraph. 3. Consent as referred to in para. 2, no 1, shall be notified in writing and shall contain information on:,


1) the types of information that may be disclosed; ,
2. to whom the information may be disclosed; and
3. how the information may be used by the declared recipient.
Paragraph. 4. Consent lapses after 1 year at the latest.


Paragraph. 5. Information transmitted for statistical or research purposes shall not be further disclosed.


§ 16 a. With the oral or written consent of the patient, information about the patient may be transmitted from hospital registers and other patient or disease registers to the general practitioner chosen by the patient or to a doctor who has the person concerned in treatment.


Paragraph. 2. From the 1 registers may also be disclosed identification information and information on diagnoses m.v. to doctors for use in specific research projects. Subsequent contact with data subjects may be made only to the extent that the doctors who have treated them give permission to do so.


Paragraph. 3. In addition, from the registers referred to in Paragraph 1 of art. 1 with the approval of the Danish Health Authority and on specified terms, information is disclosed for use in research or planning.


Paragraph. 4. Information transmitted for statistical or research purposes shall not be further disclosed.


§ 17. Registered information other than those mentioned in § 9, Para. 2, may not be disclosed to private persons and companies m.v.


Paragraph. 2. Transmission of the information referred to in Paragraph 1 However, the information referred to in paragraph 1 may be provided to the extent specified in § 16 or when the information is already publicly available.


Paragraph. 3. For use in specific legal relationships, individual information may be disclosed as mentioned in paragraph. 1 for private persons and companies m.v. which can demonstrate a legal interest in obtaining the information in question which clearly exceeds the requirements of confidentiality. However, this does not apply to information on which special rules of confidentiality are laid down by law.


Paragraph. 4. Information as referred to in Paragraph 1 may be disclosed. 1 for use in research.


Paragraph. 5. In addition, the disclosure of information as referred to in Paragraph 1 may be prohibited. 1 for private persons and companies m.v. in exceptional cases, subject to prior permission from the Registry Office, where this is considered inconceivable by reason of the nature, quantity and purpose of the data. The registry office may lay down the terms and conditions for the authorisation. The decision of the registry office may not be brought before any other administrative authority.


§ 18. Records compiled solely for the purpose of making statistical extracts or as part of a scientific study shall not disclose, without special legal basis, information attributable to specific persons. However, on application by the registry, the Supervisory Authority may, on a case-by-case basis, allow such information to be disclosed under specified conditions to private registers compiled solely for statistical or scientific purposes. The decision of the registry office to that effect may not be brought before any other administrative authority.


§ 19. The controller authority may lay down conditions for the disclosure of information in accordance with the provisions of this chapter, including that the information may only be used for certain purposes. Such disclosure for the purpose of interconnection with registers not covered by the law on private registers m.v., may be done only after the prior opinion of the Registry Office has been obtained.


§ 20. The minister concerned may lay down rules on payment for the supply of information.


Chapter 6
Disclosure of information to public authorities


§ 21. Registered information as mentioned in § 9, Para. 2, may not be disclosed to other public authority.


Paragraph. 2. Transmission of the information referred to in Paragraph 1 However, the information referred to in paragraph 1 may be provided when:


(1) the person concerned has given his consent; ,
2) it follows from law or regulations established in accordance with law that the information must be disclosed,
(3) the disclosure is for the protection of private or public interests which clearly exceed the interests justifying secrecy, including those to which the information relates; ,
4. the transfer is necessary for the performance of the activities of an authority or required for a decision to be taken by the authority; or
5. disclosure is necessary for the conduct of scientific or statistical studies of significant social importance.
Paragraph. 3. Other recorded information, in addition to the information referred to in Paragraph 1, shall: The cases referred to in paragraph 2 shall be disclosed to a public authority only where the information is already publicly available or where it is to be assumed that the information will be of significant importance for the activities of the authority or for a decision to be taken by the authority, CF. however, § 9, Para. 1, 2. pkt.


Paragraph. 4. Consent under paragraph. 2, no 1, must meet the requirements of § 16 Para. 3. Consent lapses after 1 year at the latest.


Paragraph. 5. Records prepared solely for the purpose of making statistical extracts or as part of a scientific investigation shall not be disclosed without special legal basis to information attributable to specific persons. However, on application by the registry, the Supervisory Authority may allow such information to be disclosed on a case-by-case basis to registers which have been compiled solely for statistical or scientific purposes. The decision of the registry office to that effect may not be brought before any other administrative authority.


Chapter 7
Register supervision


§ 22. The registry office, consisting of a council and a secretariat, oversees any register covered by the law. In addition, the Danish registry office exercises the functions provided for by the law on private registers m.v. has been assigned to supervision.


Paragraph. 2. The registry supervision shall, of its own motion or on the basis of a complaint by a data subject, ensure that the Register has been established and used in accordance with the provisions of the law and the rules laid down by the law.


§ 23. The council, set up by the minister for justice, consists of a president who must fulfil the conditions for appointment as a judge, and of 6 other members. The members and their substitutes shall be appointed for a term of 4 years.


§ 24. The day-to-day operations of the registry office are carried out by the secretariat, which is headed by a director.


§ 25. The minister for justice shall lay down the rules of procedure of the council and the arrangements for the division of work between the council and the secretariat.


§ 26. Registry supervision may require both the authority or authorities responsible for the registry and the operator of the registry to provide any information relevant to its supervision.


Paragraph. 2. The members and staff of the Supervisory Board shall at all times have access, without a court order, to all premises from which the register is administered or may be used, and to premises where the register or the technical means are stored or used, subject to appropriate identification.


Paragraph. 3. The inspectorate shall report to the authority or authorities responsible for the register and to the minister concerned any infringements of the law or of the rules laid down and any deficiencies found. The Supervisory Authority shall be informed of what the authority is doing in response to the alert.


§ 27. The registry office may at any time make a proposal to amend the rules in force to the authority which has established the rules. The provisions of § 5 para. 2, and § 6, para. 3, 2. pkt., applies accordingly.


§ 28. The Danish registry office submits an annual report on its activities to the Danish Parliament. The report shall be published.


Paragraph. 2. In addition, the registry office may publish opinions issued by the registry office pursuant to Section 1 (2). 5, § 5, stk. 1, § 6, stk. 3, § 7, stk. 2, § 8 a, par. 4, § 8 b, para. 7, § 8 e, and § 19, reports submitted pursuant to § 26, para. 3, and proposals made pursuant to § 27. The provision of § 8 para. 2, 2. pkt., applies accordingly.


Chapter 8
Punishment


§ 29. Unless higher punishment is due under the other legislation, punishable by a fine or liable to the person who:


1) Override terms in a consent pursuant to § 16, Para. 2, no 1,
2) violates § 16 Para. 5, § 16 a, par. 2, 2. pkt., and § 16a (par. 4, or
3) overrides terms determined pursuant to § 16 a (2). 3, § 17, para. 5, § 18 and § 19.
Paragraph. 2. In regulations issued in accordance with Chapter 2 of the law, punishment of a fine for violation of provisions of the regulations may be provided.


Paragraph. 3. If the infringement is committed by a public limited company, cooperative or similar, liability for fines may be imposed on the company as such.


Chapter 9
Entry into force and transitional provisionsv.


§ 30. The law comes into force on 1. January 1979.


Paragraph. 2. For registries and registries systems put into operation before the entry into force of the law, the law shall not take effect until 1 year after the entry into force of the law. For the registers concerned, draft rules on the structure and operation of the registers, which comply with the provisions of Chapters 3 to 6, shall be submitted to the registry office no later than 6 months after the entry into force of this act. The provisions of § 5 para. 2, and § 6, para. 3, 2. pkt., applies accordingly. The minister of justice may extend the deadlines for certain registries.


Paragraph. 3. For registers put into service or under construction at the entry into force of the act and for which it is not possible to transcript of the recorded information without significant technical changes of the system, the provisions of § 13 (Para. 1 and 3 shall not take effect until 3 years after the entry into force of the act.


§ 31. The law does not apply to records kept for police and defense intelligence services.


§ 32. The law does not apply to records kept by the Faroese Home Rule authorities or the Reich authorities in the Faroe Islands. The law can at the royal court. the order is put into effect for the registries of the Reich authorities with the deviations that the special Faroese conditions require.


§ Section 3 and 4 of Act no. 383 of 10. June 1987, contains the following provisions:


§ 3


Paragraph. 1. The law comes into force on 1. april 1988. The provision of § 2, no. 5 (§13 Para. 2, on automatic access to the Register), however, will not enter into force until the minister of Justice has specified it.


Paragraph. 2. (relating to the law on private registers)


Paragraph. 3. In the case of registers of public authorities put into service before the entry into force of the Act, amendments to the regulations so that they comply with the provisions of paragraph 2 must be made no later than 1 year after the entry into force of the act. The minister of justice may extend the deadline for certain registries.


§ 4


Paragraph. 1. (relating to the law on private registers)


Paragraph. 2. § 2 (Amendment of the act on public authorities ' registries) does not apply to registries operated by the authorities of the Faroese or Greenlandic home government or the Reich authorities of the Faroe Islands or Greenland. Section 2 of the act may at the royal court. the decree is put into effect for the registries of the Reich authorities with the deviations that the particular Faroese or Greenlandic circumstances require.


§ Section 2 and 3 of Act no. 346 of 6. June 1991, contains the following provisions:


§ 2


The law comes into force on 1. september 1991.


§ 3


The law does not apply to records kept by the Faroese or Greenland home rule authorities or the Reich authorities in the Faroe Islands or in Greenland. Section 1 of the act may at the royal court. the decree is put into effect for the registries of the Reich authorities with the deviations that the particular Faroese or Greenlandic circumstances require.


Ministry of Justice, 20. september 1991