Tag: Sweden

Swedish DPA imposed ist first GDPR fine

23. August 2019

The Swedish Data Protection Authority “datainspektionen” imposed its first fine since the General Data Protection Regulation (GDPR) has entered into force.

Affected is a high school in Skelleftea in the north of Sweden. In the school, 22 pupils were part of a pilot programme to monitor attendance times using facial recognition.

In January 2019, the IT company Tieto announced that it was testing the presence of students at the school with tags, spartphone apps and facial recognition software for automatic registration of students. In Sweden, it is mandatory for teachers to report the presence of all students in each lesson to the supervisors. According to Tieto, teachers at the school in Skelleftea spend around 18,000 hours a year on this registration. Therefore, a class was selected for the pilot project to test the registration for eight weeks using facial recognition. Parents and students were asked to give their consent.

However, the Swedish data protection authority has now said that the way in which consent was obtained violates the GDPR because of the clear imbalance between controller and data subject. Additionally the school failed to conduct an impact assessment including seeking prior consultation with datainspektionen.

Therefore, the DPA imposed a fine of SEK 200.000 (approximately EUR 20.000). In Sweden, public authorities can be fined up to SEK 20.000.000 (approximately EUR 1.000.000).

Database operators in Sweden exempt from GDPR

24. August 2018

With the GDPR coming into effect, enterprises in Sweden will also be subject to complying with the European principles and adhering to the GDPR.

However, new amendments and changes to the country’s constitution will be required to harmonise existing laws.

Due to the fact that Sweden emphasizes freedom of press and speech, it will initially make exemptions in cases where elements don’t comply with its Freedom of the Press Act of 1766.

As a consequence, current laws give database operators a broad freedom to gather and release personal data enabling them to collect and distribute personal information from a broad range of sources, including the national tax office.

The database operators and online publishers Eniro, Ratsit and Hitta are some of the companies that will be exempt until an expert group has drafted new and stricter legislation regarding the processing of personal data by these.

It is expected that the relevant laws will be amended in the first half of 2019.