14
Section 46
Before the supervisory authority decides a default fine in accordance with Section 44 or 45, the
controller of personal data shall have been given an opportunity to express him/herself.
However, if the matter is urgent the authority, pending the expression of views, may issue a
temporary decision on a default fine. The temporary decision shall be reconsidered when the
period for expressing views has expired.
An order for a default fine shall be served on the controller of personal data. Service under
Section 12 of the Service Act (1970:428) may only be used if there is reason to assume that the
controller of personal data has absconded or concealing him/herself in some other way.
Section 47
The supervisory authority may at the County Administrative Court in the county where the
authority is situated apply for the erasure of such personal data as has been processed in an
unlawful manner.
Decision on erasure may not be issued if it is unreasonable.
Damages
Section 48
The controller of personal data shall compensate the registered person for damages and the
violation of personal integrity that the processing of personal data in contravention of this Act
has caused.
The liability to pay compensation may, to the extent that it is reasonable, be adjusted if the
person providing personal data proves that the error was not caused by him or her.
Penalties
Section 49
A person who intentionally or by carelessness
a) provides untrue information in such information to registered persons as is prescribed by
this Act, or in the notification to the supervisory authority under Section 36 or to the
supervisory authority when the authority requests information in accordance with Section
43,
b) processes personal data in contravention of Sections 13–21,
c) transfers personal data to a third country in contravention of Sections 33–35, or
d) omits to give notification under Section 36, first paragraph, or in accordance with
regulations issued under Section 41,
shall be sentenced to a fine or imprisonment of at most six months or, if the offence is grave,
to imprisonment of at most two years.
A sentence shall not be imposed in petty cases.