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Print Date: June 6, 2021

LAW No. 506 of 23/05/2018 (Applicable)

Act amending the law on dual supervision and the law on law enforcement
authorities' processing of personal data (Continuation of rules on
processing of personal data in connection with dual surveillance,
possibility of sharing between traders of image and sound recordings
from double surveillance of suspected perpetrators, etc.)

Ministry: Ministry of Justice

Journal number: Justitsmin., J.nr. 201779100007

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Official Gazette A
2018

Published on May 24, 2018

May 23, 2018.

Nr. 506.

Act amending the Act on Television Surveillance and the Act on Law Enforcement
authorities' processing of personal data
(Continuation of rules on the processing of personal data in connection with television surveillance, possibility of sharing between
trader of image and sound recordings from television surveillance of suspected perpetrators, etc.)
WE MARGRETHE THE SECOND, by the Grace of God, Queen of Denmark, truly do:
The Folketing has passed and We by Our consent confirmed the following law:
§1

(3) there are concrete reasons to believe that the
perpetrators will commit similar crimes
In the Act on TV surveillance, cf. Statutory Order no. 1190 of
as mentioned in point 1 against the group of traders
11 October 2007, as amended by Act No. 713 of 25 June
to which the recordings are passed, and
2010, § 1 of Act no. 422 of 10 May 2011, § 1 of Act no. 736 of
4) the transfer takes place in a closed system within the
25 June 2014 and section 5 of Act no. 1728 of 27 December 2016,
the trader's own organization or a trade association
the following changes are made:
organization, business association, etc., where the
whether the recordings can be passed on in the
1. After section 3 a, the following is inserted:
carried out by one or more qualified professionals
and where it is ensured that the recordings can only be accessed by
'§ 3 b. The provisions of Article 14 of the European Parliament
a limited number of authorized persons at the relevant
Regulation of the European Parliament and of the Council on the protection of individuals
accustomed trader and the system operator.
in connection with the processing of personal data and on leave
PCS. 3. Prior to initiating disclosure to others
exchange of such information (Data Protection Regulation
operators in a system as mentioned in para. 2, no. 4, shall
and section 22 of the Data Protection Act applies regardless of a
the system administrator obtain permission from the Danish Data Protection Agency.
any signage pursuant to §§ 3 and 3 a. '
The Danish Data Protection Agency may set conditions for the permit.
2. After section 4 b, the following is inserted:
PCS. 4. Recordings as referred to in paragraph. 1 must be deleted, at the latest
30 days after the recordings have been made, cf. 5.
»§ 4 c. Picture and sound recordings with personal information,
PCS. 5. Recordings can be stored for a longer period than
recorded in connection with television surveillance in criminal
mentioned in para. 4, if necessary in the light of the data
for preventive purposes, may only be disclosed if
the handling of a specific dispute or treatment by those responsible
1) the data subject has given his express consent,
of the information for crime prevention purposes after
2) the disclosure follows from law or
PCS. 2. Is storage necessary for the sake of a concrete
3) the transfer is made to the police in crime investigation
dispute, the controller shall, within the time limit specified in
purpose.
know in paragraph. 4, inform the person to whom the dispute relates and
PCS. 2. Apart from para. 1, a trader may forward
maturing hand out a copy of the recording to that person.
ve image and sound recordings recorded in connection with
television surveillance, internally in the organization or to other
§ 4 d. A municipality may only process image recordings
traders for crime prevention purposes, if
with personal data recorded in connection with
1) the recordings show persons who are presumed to have
monitoring covered by § 2 a, if
gone or tried to commit one or more enrichment
The data subject has given his express consent to
crimes etc. of a non-trivial nature against
the treatment or
the trader,
2) the treatment is done in order to promote security
2) the alleged perpetrator or perpetrators at the latest
for persons moving in the TV-monitored area.
day is reported to the police by the trader for
PCS. 2. Recordings as mentioned in para. 1 must be passed on in the
to have committed the crime in question,
cases mentioned in § 4 c, para. 1.

AA010660
Justitsmin., J.nr. 2017-7910-0007

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May 23, 2018.

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Nr. 506.

PCS. 3. Recordings as referred to in paragraph. 1 must be deleted, at the latest
made by the law, which is made for the police, the prosecution
30 days after the recordings are made.
including the military prosecutor, the criminal prosecution
grief and the Independent Police Complaints Authority. "
§ 4 e. The Danish Data Protection Agency supervises any processing of
PCS. 1 then becomes para. 2.
personal data covered by §§ 4 c and 4 d. '
§3
(3) In section 5 , the following is inserted after subsection (1): 1 as a new piece:
"PCS. 2. Unless a higher penalty is due under the
The law enters into force on 25 May 2018.
legislation, shall be punishable by a fine or imprisonment for up to 6 months.
down that which in connection with a treatment which is carried out
§4
for private, violates § 4 c. "
PCS. 2-5 then becomes para. 3-6.
PCS. 1. The Act does not apply to the Faroe Islands, but section 2 of the Act
may by royal decree be brought into force for national
§2
their processing of information with the changes they
Faroese conditions dictate.
In Act No. 410 of 27 April 2017 on law enforcement
PCS. 2. The law does not apply to Greenland, but can know
authorities' processing of personal data is carried out
Royal Decree shall enter into force in whole or in part for the
following change:
country with the changes that the Greenlandic conditions require.
1. In § 51 added before the paragraph. 1 as a new piece:
'The Minister concerned may, in special cases, determine
detailed rules for the processing of personal data

Given at Amalienborg, 23 May 2018
Under Our Royal Hand and Seal
MARGRETHE R.
/ Søren Pape Poulsen

