Published: 2013-10-28
The Swedish Administrative Court denied the University of Gothenburg’s appeal of the Swedish Data Inspection Board’s ban to collect and manage personal data. However, the majority of the data deposited at SND cannot be classified as personal data and is therefore not affected by the judgment.
– We can continue to give advice and support also regarding access to, documentation and use of personal data, says SND’s Director Hans Jørgen Marker.
The University of Gothenburg will appeal the Administrative Court’s judgment.
The Swedish Data Inspection Board’s decision of April 18, 2012, meant that the University of Gothenburg (and thus SND) had to cease its compilation of personal data in research materials.
The Swedish Administrative Court’s judgment in turn means that the Swedish Data Inspection Board’s decision remains. In short, it means that SND is prohibited from collecting or managing personal data. The decision affects four of SND’s current studies.
– In this context it’s important to make it clear that the large majority of data deposited at SND is not personal data and that we can continue to give advice and support regarding access to, documentation and use of personal data, says Hans Jørgen Marker.
He furthermore sees that the new EU Directive along with new Swedish legislation to be expected within a few years will be important aspects regarding this issue.
– This will change the conditions for the use of personal data within research in Sweden.
SND will naturally follow the judgment made by the Administrative Court. Affected researchers and the general public can feel fully confident that SND manages personal data in a legally secure manner. During the time leading up to the Administrative Court’s judgment, SND has been able to continue its work unaffected, although it has discontinued the collection and distribution of personal data, which primarily has had to do with medical studies. This work process will be prevailing until the announcement comes regarding the University's appeal of the Administrative Court's judgment. SND will thus continue to concentrate its efforts on data not containing personal information.
Judgment by the Administrative Court 131014 (pdf in Swedish)
Appeal by the University of Gothenburg 120618 (pdf in Swedish)
Decision by the Swedish Data Inspection Board 120418 (pdf in Swedish)
– We can continue to give advice and support also regarding access to, documentation and use of personal data, says SND’s Director Hans Jørgen Marker.
The University of Gothenburg will appeal the Administrative Court’s judgment.
The Swedish Data Inspection Board’s decision of April 18, 2012, meant that the University of Gothenburg (and thus SND) had to cease its compilation of personal data in research materials.
The Swedish Administrative Court’s judgment in turn means that the Swedish Data Inspection Board’s decision remains. In short, it means that SND is prohibited from collecting or managing personal data. The decision affects four of SND’s current studies.
– In this context it’s important to make it clear that the large majority of data deposited at SND is not personal data and that we can continue to give advice and support regarding access to, documentation and use of personal data, says Hans Jørgen Marker.
He furthermore sees that the new EU Directive along with new Swedish legislation to be expected within a few years will be important aspects regarding this issue.
– This will change the conditions for the use of personal data within research in Sweden.
SND will naturally follow the judgment made by the Administrative Court. Affected researchers and the general public can feel fully confident that SND manages personal data in a legally secure manner. During the time leading up to the Administrative Court’s judgment, SND has been able to continue its work unaffected, although it has discontinued the collection and distribution of personal data, which primarily has had to do with medical studies. This work process will be prevailing until the announcement comes regarding the University's appeal of the Administrative Court's judgment. SND will thus continue to concentrate its efforts on data not containing personal information.
Judgment by the Administrative Court 131014 (pdf in Swedish)
Appeal by the University of Gothenburg 120618 (pdf in Swedish)
Decision by the Swedish Data Inspection Board 120418 (pdf in Swedish)