The King may prescribe further rules regarding the organization and
administrative procedures of the Privacy Appeals Board.
Section 44 Access of the supervisory authorities to data
The Data Inspectorate and the Privacy Appeals Board may demand any data
necessary to enable them to carry out their functions.
In connection with its verification of compliance with statutory provisions, the
Data Inspectorate may demand admittance to places where personal data filing systems,
surveillance equipment and image recordings such as are mentioned in section 37,
personal data that are processed automatically and technical aids for such processing are
located. The Inspectorate may carry out such tests or inspections as it deems necessary
and may demand such assistance from the personnel in such places as is necessary to
carry out the tests or inspections.
The right to demand information or admittance to premises and aids pursuant to
the first and second paragraphs shall apply notwithstanding any obligation of
professional secrecy.
The King may prescribe regulations regarding exemptions from the first to third
paragraphs in the interests of the security of the realm. The King may also issue
regulations concerning the reimbursement of expenses incurred in connection with
inspections. Recovery of any amount outstanding in the reimbursement of such
expenses may be enforced by execution.
Section 45 Obligation of professional secrecy for the supervisory authorities
Employees of the Data Inspectorate, members of the Privacy Appeals Board and
other persons who are in the service of the supervisory authorities shall be subject to the
provisions regarding the obligation of professional secrecy laid down in sections 13 ff.
of the Public Administration Act. The obligation of professional secrecy shall also apply
to information concerning security measures, cf. section 13.
The Data Inspectorate and the Privacy Appeals Board may, notwithstanding
their obligation of professional secrecy pursuant to the first paragraph, give information
to the supervisory authorities of other countries when this is necessary in order to be
able to make administrative decisions in connection with supervisory activities.
Section 46 Orders to change or cease unlawful processing
The Data Inspectorate may issue orders to the effect that the processing of
personal data which is contrary to provisions laid down in or pursuant to this Act shall
cease or impose conditions which must be fulfilled in order for the processing to be in
compliance with the Act.
Section 47 Coercive fine
In connection with orders pursuant to sections 12, 27, 28 and 46, the Data
Inspectorate may impose a coercive fine which will run for each day from the expiry of
the time limit set for compliance with the order until the order has been complied with.
The coercive fine shall not run until the time limit for lodging an appeal has
expired. If the administrative decision is appealed, the coercive fine shall not run until
so decided by the Privacy Appeals Board.
The Data Inspectorate may waive a coercive fine that has been incurred.
Section 48 Penalties
Anyone who wilfully or through gross negligence