Tuesday, October 10, 2006

Changes to the Swedish Personal Data Act

The Swedish Parliament will soon decide to reform the Swedish Personal Data Act following a proposal of the Government.

- The intention is to amend the Personal Data Act to prevent the misuse of personal information and not, as the case is at present, to cover the handling of all such information.

- The changes will allow processing of personal data in unstructured material e.g. in word processing documents and single audio and video files. However, such processing must not violate the personal integrity of the registered person.

- Handling of personal data in violation of the Act will still be punishable if committed wilfully or by gross negligence. Ordinary negligence will no longer be punishable. The same applies to breaches of the rules regarding transfer to a third country of personal data if the third country has not an adequate level of protection for personal data.

- The Swedish Government considers its proposal to the Parliament in line with the EU Data Protection Directive 95/46/EU.

- The changes are intended to apply from January 1, 2007.