Act of 14 April 2000 No. 31 relating to
the processing of personal data
(Personal Data Act)
Chapter I Purpose and scope of the Act
Section 1 Purpose of the Act
The purpose of this Act is to protect natural persons from violation of their right
to privacy through the processing of personal data.
The Act shall help to ensure that personal data are processed in accordance with
fundamental respect for the right to privacy, including the need to protect personal
integrity and private life and ensure that personal data are of adequate quality.
Section 2 Definitions
For the purposes of this Act, the following definitions shall apply:
1)
personal data: any information and assessments that may be linked to a natural
person,
2)
processing of personal data: any use of personal data, such as collection,
recording, alignment, storage and disclosure or a combination of such uses,
3)
personal data filing system: filing systems, records, etc. where personal data is
systematically stored so that information concerning a natural person may be
retrieved.
4)
controller: the person who determines the purpose of the processing of personal
data and which means are to be used,
5)
processor: the person who processes personal data on behalf of the controller,
6)
data subject: the person to whom personal data may be linked,
7)
consent: any freely given, specific and informed declaration by the data subject
to the effect that he or she agrees to the processing of personal data relating to
him or her,
8)
sensitive personal data: information relating to
a)
racial or ethnic origin, or political opinions, philosophical or religious
beliefs,
b)
the fact that a person has been suspected of, charged with, indicted for or
convicted of a criminal act,
c)
health,
d)
sex life,
e)
trade-union membership.
Section 3 Substantive scope of the Act
This Act shall apply to
a)
processing of personal data wholly or partly by automatic means, and
b)
other processing of personal data which form part of or are intended to form part
of a personal data filing system.
This Act shall not apply to processing of personal data carried out by a natural
person for exclusively personal or other private purposes.
The King may prescribe regulations to the effect that this Act or parts of this Act
shall not apply to specified institutions and administrative spheres.