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Simplification of data transfer rules

May 2009 - TMT ( Technology, Media & Telecoms). Legal Developments by Norrbom Vinding Law Firm, member of ius laboris.

More articles by this firm.

New Bill proposing to regulate data transfers between administrative authorities by the Danish Data Protection Act alone

Today, the transfer of personal data between administrative authorities is governed by the Danish Public Administration Act and the Danish Data Protection Act. This means that a decision about which rules to apply is made in each case. But now the Minister for Justice has introduced a Bill which, if enacted, will mean that data transfers between administrative authorities will be governed by the Danish Data Protection Act alone.

Under the current regime, the individual administrative authorities will decide on a case-by-case basis which rules apply. The result depends on various factors such as the technical aspects of the transfer and whether the authority is the receiver or sender of the data. Today, questions such as the collection of data and whether there is a positive obligation to pass on the data are governed by the Danish Public Administration Act.

If the Bill is enacted, the transfer of personal data between administrative authorities will be governed exclusively by the Danish Data Protection Act, regardless of data format and form of transfer. In addition, the separate regulation in the Danish Public Administration Act of transfer of confidential personal data will be abolished and replaced by the provisions of the Danish Data Protection Act.

Norrbom Vinding will of course be following the Bill on its passage through the Danish Parliament.


Some of the main features of the Bill include:

  • The rules governing manual transfer of personal data between administrative authorities will be relaxed to a certain extent to allow transfer of personal data in many situations if the receiving authority needs the data for its services
  • The transfer of confidential and non-confidential personal data will be governed by the Danish Data Protection Act (today, in contrast, the transfer of confidential data is governed by the Danish Public Administration Act)
  • The Danish Data Protection Agency will be the regulatory authority also in relation to manual transfer of personal data between administrative authorities

For more information please visit www.norrbomvinding.com