SWE MoJ Data Protection Complaints

Published on: Jan 25, 2025

On Jan. 22, SWE MoJ proposed new remedy re complaint handling.

  • SWE MoJ proposed bill re new remedy against slow complaint handling by SWE DP.
  • On the same day, SWE PRL issued text of bill 2024/25:88, as submitted by SWE MoJ.
  • Bill was referred to the Constitutional Committee for assessment on the following day.
  • Follows SWE PRL Jan. 2025 issued list of bills to be submitted from mid Jan. #240364.
  • Overview
  • The bill proposes a new legal remedy that gives individuals right to be informed about how a complaint will be handled, if processing by SWE DP is delayed.
  • A person who submitted complaint to SWE DP and did not receive notification within 3 months re if supervision will be initiated can request it to provide such notification.
  • Key Aspects
  • The new remedy against slow handling of complaints will be introduced via amendments to the Data Protection Act and the Criminal Data Protection Act.
  • It aims to strengthen individuals' right to effective remedy in event of non-action or slow handling by SWE DP and is based on EU legal requirements.
  • After the complainant requests a decision on the case, SWE DP has 2 weeks to either provide a notification or reject the request by decision.
  • If does not provide notification or make decision in 2 weeks, request deemed rejected.
  • The proposal also means the decision can be appealed to the Administrative Court.
  • This also applies to a rejection decision, which shall be deemed to have been made if no notification has been provided within the specified period.
  • Administrative Court will, if considers SWE DP should provide notification on question of whether supervision should be initiated/not, order it to do so as soon as possible.
  • The legislative amendments are proposed to enter into force on May 1, 2025.
Regulators
SWE GVT; SWE MoJ; SWE PRL
Entity Types
CNSM; Corp
Reference
Bill 2024/25:88, PR, 1/22/2025
Functions
Complaints; Compliance; Legal; Privacy
Countries
Sweden
Category
State
N/A
Products
Corporate
Rule Type
Proposed
Regions
EMEA
Rule Date
Jan 22, 2025
Effective Date
May 1, 2025
Rule ID
241236
Linked to
Reg. Last Update
Jan 22, 2025
Report Section
EU