10
Security in processing
Persons who process personal data
Section 30
A personal data assistant and a person or those persons who work under the assistant’s or the
controller of personal data’s direction may only process personal data in accordance with
instructions from the controller of personal data.
There shall be a written contract on the processing by the personal data assistant of personal
data on behalf of the controller of personal data. It shall be specifically stipulated in the
contract that the personal data assistant may only process personal data in accordance with
instructions from the controller of personal data and that the personal data assistant is liable to
take those measures referred to in Section 31, first paragraph.
If there are special provisions in a statute or other enactment concerning processing of personal
data in public operations as regards matters referred to in the first paragraph, these shall apply
instead of that stated in the first paragraph.
Security measures
Section 31
The controller of personal data shall implement appropriate technical and organisational
measures to protect the personal data that is processed. The measures shall provide a level of
security that is appropriate having regard to
a) the technical possibilities available,
b) what it would cost to implement the measures,
c) the special risks that exist with processing of personal data, and
d) how sensitive the personal data processed really is.
If the controller of personal data engages a personal data assistant, the controller of personal
data shall ensure for him/herself that the personal data assistant can implement the security
measures that must be taken and ensure that the personal data assistant actually takes the
measures.
The supervisory authority may decide on security measures
Section 32
The supervisory authority may in an individual case decide on which security measures the
controller of personal data shall implement in accordance with Section 31.
Section 45 contains rules about the powers of the supervisory authority to make the decision
subject to a default fine.