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(2018: 219) with supplementary provisions to the EU Data Protection Regulation

Regulation (2018: 219) with
additional provisions to
EU Data Protection Regulation
tom SFS 2020: 1140

SFS no : 2018: 219
Ministry / authority : Ministry of Justice L6
Issued : 2018-04-19
Modified : until SFS 2020: 1140
Change register : SFSR (Government Offices)
Source : Full text (Government Offices)

Content:
Transitional provisions

Introductory provisions
Section 1 This ordinance contains provisions that supplement
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April
2016 on the protection of individuals with regard to the treatment of
personal data and on the free flow of such data and on cancellation
of Directive 95/46 / EC (General Data Protection Regulation), hereinafter referred to as EU
data protection regulation,
2. the Act (2018: 218) with supplementary provisions to the EU
Data Protection Regulation, and
3. Council of Europe Convention on the Protection of Individuals with regard to Automatic
data processing of personal data, hereinafter referred to as the Council of Europe
data protection convention.
Section 2 This ordinance is issued on the basis of
- Chapter 3 Section 9 of the Act (2018: 218) with supplementary provisions to the EU
Data Protection Ordinance in respect of Sections 5 and 6,
- 2 kap. Section 3 and Chapter 3 §§ 6 and 9 of the same law in respect of § 7,
- 6 kap. § 7 of the same law in respect of §§ 10 and 11, and
- Chapter 8 § 7 form of government in respect of other provisions.

Supervisory authority
Section 3 The Privacy Protection Authority is a supervisory authority according to the EU
data protection ordinance and the law (2018: 218) with supplementary provisions
to the EU Data Protection Regulation.
Regulation (2020: 1140).

Accreditation bodies
Section 4 The Board for accreditation and technical control accredits
certification bodies in accordance with Article 43 of the EU Data Protection Regulation.

Personal data relating to violations of the law
Section 5 Personal data referred to in Article 10 of the EU Data Protection Regulation may
treated by persons other than authorities if the treatment is necessary to:
It must be possible to establish, assert or defend legal claims; or
2. it must be possible to fulfill a legal obligation under law or regulation.
Section 6 The privacy protection authority may issue further regulations on in which
cases other than public authorities may process personal data referred to in Article 10 (i)
EU Data Protection Regulation.
The Integrity Protection Authority may also in individual cases decide that other than
authorities may process such personal data.
Regulation (2020: 1140).

Individual archives
Section 7 The National Archives may issue regulations stating that persons responsible for personal data who do not
covered by regulations on archives may process personal data for archival purposes
of general interest.
The National Archives may also in individual cases decide that such persons responsible for personal data may
process personal data for archival purposes of general interest.
Regulations and decisions issued in accordance with the first and second paragraphs may refer to
processing of personal data referred to in Article 9 (1) (sensitive personal data)
and Article 10 of the EU Data Protection Regulation.
Section 8 Before the National Archives issues regulations or decisions pursuant to section 7,
The Privacy Protection Authority is given the opportunity to comment on the National Archives' proposal.
Regulation (2020: 1140).

Enforcement of decisions on penalty fees
Section 9 Penalty fees shall be paid to the Board of Appeal.
Section 10 A decided sanction fee does not lapse to the extent that the decision on the fee does not
has been enforced within five years of the decision coming into force.
Section 11 If the payment liability has been revoked by a decision that has become final,
the penalty fee shall be refunded. For penalty fee that is refunded
interest is also paid in accordance with section 5 of the Interest Act (1975: 635) for the period from the date on which
the fee was paid until the day it is repaid.

Assistance under the Council of Europe Data Protection Convention
Section 12 Anyone who resides in Sweden and wishes to exercise such rights as follows
Council of Europe Data Protection Convention, in another acceding country
Convention, may submit such a request to the Privacy Protection Authority
on assistance referred to in Article 14 (2) of the Convention.
The Integrity Protection Authority forwards the petition to the other country.
The petition must contain information about
1. name and address and other information needed to identify it
person making the petition,
2. the treatment to which the petition relates or which is
personal data controller, and
3. the purpose of the petition.
Regulation (2020: 1140).

Transitional provisions
2018: 219
1. This Regulation shall enter into force on 25 May 2018.
2. The ordinance repeals the Personal Data Ordinance (1998: 1191).
3. The repealed Regulation still applies to appeals against decisions
notified pursuant to that Regulation.
Decisions issued pursuant to section 9 of the repealed Regulation
still valid.

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