Datainspektionen - DI-2019-13112

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Datainspektionen - DI-2019-13112
LogoSE-Datainspektionen.png
Authority: Datainspektionen (Sweden)
Jurisdiction: Sweden
Relevant Law:
5 kap. 6 §
Type: Investigation
Outcome: Other Outcome
Started:
Decided: 17.12.2020
Published: 15.01.2021
Fine: None
Parties: Swedish Custom (Tullverket)
Swedish Customs (Tullverket)
National Case Number/Name: DI-2019-13112
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Swedish
Original Source: Swedish DPA (in SV)
Initial Contributor: Rie Aleksandra Walle

The Swedish DPA (Integritetsskyddsmyndigheten) audited Swedish Customs' personal data breaches routines. No serious violations were found, however the DPA gave several recommendations as per the Swedish Criminal Data Act (the "GDPR" for Swedish law enforcement agencies).

English Summary[edit | edit source]

Facts[edit | edit source]

On their own initiative and as part of their mandate as a supervisory authority, the Swedish DPA (Integritetsskyddsmyndigheten) conducted an audit of seven law enforcement agencies in Sweden: the Police Authority, the National Economic Crimes Bureau, Customs, the Tax Agency, the Coast Guard, the Prison and Probation Service and the Prosecution Authority.

The audit concerned the law enforcement agencies' policies and procedures for personal data breaches, specifically related to: 1) Ability to detect and manage breaches 2) Documenting breaches 3) Staff training

The audit was conducted as per the Criminal Data Act; the privacy and data protection law in Sweden for law enforcement agencies, which is based on the same principles as the GDPR.

Dispute[edit | edit source]

Do Swedish Customs have sufficient policies and procedures in place to detect, manage and document personal data breaches, as well as sufficient staff training routines?

Holding[edit | edit source]

No serious violations were found, however the DPA gave several (similar) recommendations as per the Swedish Criminal Data Act to all agencies.

The Swedish Customs received the following recommendations: 1) To regularly evaluate the effectiveness of the security measures around detecting personal data breaches and regularly revise these in order to maintain adequate protection of personal data. 2) To review their policies around technical logging and following up on these to detect any discrepancies in systems. Update the policy as per the current legal regime. 3) Prepare a common document with all written guidelines/routines related to personal data breaches. 4) Regularly control that the policy for managing breaches are adhered to. 5) Specify in the policy document which information must be documented in a breach and regularly check that this is done correctly. 6) Provide its employees with continuous information and recurring training.

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English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the Swedish original. Please refer to the Swedish original for more details.

                                                            Decision Diary No. 1 (15)
                                                            2020-12-17 DI-2019-13112

                                                                                  Ert diarienr
                                                                                  VER 2019-3463




                                                            The Swedish Customs
                                                            Box 12854

                                                            112 98 Stockholm




                   Supervision according to the Criminal Data Act (2018: 1177) -

                   The Swedish Customs' routines for handling

                   personal data incidents


                   Table of Contents


                   The Data Inspectorate's decision ................................................ ..................................... 2

                   Report on the supervisory matter ............................................... .............................. 3

                   Applicable provisions ................................................ .................................... 4

                   Grounds for the decision ............................................... ........................................... 6

                      The Data Inspectorate's review ................................................ ......................... 6
                      Procedures for detecting personal data incidents ........................................ 7

                        The Data Inspectorate's assessment ................................................ .................... 8

                      Routines for handling personal data incidents ....................................... 9

                        The Data Inspectorate's assessment ................................................ ................... 10

                      Procedures for documentation of personal data incidents ............................. 11

                        The Data Inspectorate's assessment ................................................ .................... 11

                      Information and training on personal data incidents ....................... 12

                        The Data Inspectorate's assessment ................................................ ................... 13

                   How to appeal............................................... .............................................. 15














Postal address: Box 8114, 104 20 Stockholm E-mail: datainspektionen@datainspektionen.se
Website: www.datainspektionen.se Phone: 08-657 61 00Datainspektionen DI-2019-13112 2 (15)







                   The Data Inspectorate's decision
                   The Data Inspectorate announces the following recommendations with the support of ch.

                   Section 6 of the Criminal Data Act (2018: 1177):


                       1. The Swedish Customs should regularly evaluate the effectiveness of those taken
                          security measures to detect personal data incidents and

                          revise these as necessary to maintain adequate protection of
                          personal data.


                       2. The Swedish Customs should review the authority's routines for logging and

                          log follow-up and update these in accordance with current
                          criminal law.


                       3. The Swedish Customs should draw up a single document with written guidelines

                          or routines for handling personal data incidents.

                       4. The Swedish Customs should regularly check the procedures for handling

                          personal data incidents are followed.


                       5. The Swedish Customs should in the authority's routines for handling
                          personal data incidents specify which data of a occurred

                          incident to be documented and regularly check that
                          the procedures for documentation of personal data incidents are followed.


                       6. The Swedish Customs should provide its employees with ongoing information and

                          recurring training in the handling of personal data incidents
                          and on the reporting obligation.


                   The Data Inspectorate closes the case. The Data Inspectorate DI-2019-13112 3 (15)








                    Report on the supervisory matter

                    The obligation for the personal data controller - ie. private and public
                    actors - to report certain personal data incidents to the Data Inspectorate

                    was introduced on 25 May 2018 by the Data Protection Regulation (GDPR). 1

                    A corresponding notification obligation was introduced on 1 August 2018 in
                    the Criminal Data Act (BDL) for so-called competent authorities. The obligation to

                    report personal data incidents (hereinafter referred to as incidents) aims to strengthen
                    privacy protection by the Data Inspectorate receiving information about

                    the incident and may choose to take action when the inspectorate deems it necessary

                    is needed for the personal data controller to handle the incident on one
                    satisfactorily and take steps to prevent something similar

                    occurs again.


                    A personal data incident is according to ch. § 6 BDL a security incident that
                    leads to accidental or unlawful destruction, loss or alteration; or

                    unauthorized disclosure of or unauthorized access to personal data. IN

                    the preparatory work for the law states that it is usually a question of an unplanned
                    event that adversely affects the security of personal data

                    and which have serious consequences for the protection of data. And 3

                    personal data incident may, for example, be that personal data has been sent
                    to the wrong recipient, that access to the personal data has been lost, that

                    computer equipment that stores personal data has been lost or stolen, that
                    someone inside or outside the organization takes part in information like that

                    lacks authority to.


                    A personal data incident that is not dealt with quickly and appropriately can

                    entail risks to the data subject's rights or freedoms. An incident can
                    lead to physical, material or intangible damage through, for example






                    1
                      REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016
                    on the protection of individuals with regard to the processing of personal data and on that
                    free flow of such data and repealing Directive 95/46 / EC (General

                    Data Protection Regulation).
                    2 A competent authority is in accordance with ch. § 6 BDL an authority that deals
                    personal data for the purpose of preventing, deterring or detecting criminal activities, investigating

                    or prosecute crimes, enforce criminal penalties or maintain public order; and
                    security.
                    3 Prop.2017 / 18: 232 p. 438Datainspektionen DI-2019-13112 4 (15)







                   discrimination, identity theft, identity fraud, damage to reputation,
                   financial loss and breach of confidentiality or secrecy.


                   There can be many reasons why a personal data incident occurs. Of

                   The Swedish Data Inspectorate's report series Reported personal data incidents under
                   The period May 2018 - December 2019 shows that the most common causes

                   behind the reported incidents were i.a. the human factor, technical errors,
                   antagonistic attacks and shortcomings in organizational routines or processes. 4



                   The Data Inspectorate has initiated this supervisory case against the Swedish Customs with the aim of
                   check if the authority has procedures in place to detect

                   personal data incidents and whether the authority has and has had routines for
                   to handle personal data incidents according to the Criminal Data Act (BDL). IN

                   the review also includes checking whether the Swedish Customs has routines for
                   documentation of incidents that meet the requirements of

                   the Criminal Data Ordinance (BDF) and whether the authority has implemented
                   information and training initiatives on personal data incidents.


                   The inspection began with a letter to the Swedish Customs on 4 December 2019 and

                   was followed up with a request for supplementation on 4 March 2020
                   response to the supervisory letter was received on 17 January 2020 and the supplement

                   received on March 19, 2020.




                   Applicable regulations
                   According to ch. 3, the person responsible for personal data must § 2 BDL, by appropriate

                   technical and organizational measures, ensure and be able to demonstrate that
                   the processing of personal data is in accordance with the constitution and that it

                   data subjects' rights are protected. This means that competent authorities,

                   Using these measures, should not just ensure that
                   the data protection regulations are followed but must also be able to show that this is the case. Which

                   technical and organizational measures required to protect
                   personal data is regulated in ch. 8 § BDL.


                   4See the Swedish Data Inspectorate's report series on Reported Personal Data Incidents 2018

                   (Datainspektionens rapport 2019: 1) p 7 f; Reported personal data incidents January-
                   September 2019 (Datainspektionen's report 2019: 3) p.10 f. and Reported
                   personal data incidents 2019 (Datainspektionens rapport 2020: 2) p. 12 f.Datainspektionen DI-2019-13112 5 (15)









                    In the preparatory work for the law, it is stated that organizational measures referred to in section 2 are
                    i.a. to have internal strategies for data protection, to inform and educate

                    staff and to ensure a clear division of responsibilities. Measures such as

                    taken to show that the treatment is in accordance with the constitution, e.g. be
                    documentation of IT systems, treatments and measures taken and

                    technical traceability through logging and log monitoring. What measures
                    to be taken may be decided after an assessment in each individual case. The measures shall

                    reviewed and updated as needed. The measures it

                    personal data controller shall take in accordance with this provision shall in accordance with ch.
                    § 1 BDF be reasonable taking into account the nature, scope of treatment,

                    context and purpose and the specific risks of the treatment.


                    Of ch. 3 Section 8 of the BDL states that the person responsible for personal data must take

                    appropriate technical and organizational measures to protect them
                    personal data processed, in particular against unauthorized or unauthorized use

                    treatment and against loss, destruction or other unintentional damage. IN
                    The preparatory work for the Criminal Data Act states that security must include

                    access protection for equipment, control of data media, storage control,
                    user control, access control, communication control, input control,

                    transport control, restoration, reliability and data integrity. This

                    enumeration, however, is not exhaustive. As an example of organizational
                    security measures include the establishment of a security policy,

                    security controls and follow-up, computer security training and
                    information on the importance of following current safety procedures. Routines for

                    reporting and follow-up of personal data incidents also constitute such
                             6
                    measures.


                    What circumstances should be taken into account in order to achieve an appropriate level of protection
                    is regulated in ch. 11 § BDF. The measures must achieve a level of safety

                    appropriate taking into account the technical possibilities, the costs of
                    the measures, the nature, scope, context and purpose of the treatment, and

                    the specific risks of treatment. Special consideration should be given in which

                    the extent to which sensitive personal data is processed and how sensitive to privacy
                    other personal data that is processed is. Violation of provisions of



                    5
                     Prop. 2017/18: 232 pp. 453
                    6Prop. 2017/18: 232 pp. 457
                    7Prop. 2017/18: 232 p. 189 f.Datainspektionen DI-2019-13112 6 (15)







                   Chapter 3 2 and 8 §§ BDL can lead to penalty fees according to ch. 1 § 2 BDL.


                   According to ch. 3, the person responsible for personal data must § 14 BDF document all

                   personal data incidents. The documentation must report the circumstances
                   about the incident, its effects and the measures taken as a result

                   of that. The person responsible for personal data must document all that occurred
                   incidents regardless of whether it must be reported to the Data Inspectorate or not. 8

                   The documentation must enable the supervisory authority to:
                   check compliance with the provision in question. Failure to

                   documenting personal data incidents can lead to penalty fees

                   according to ch. 6 1 § BDL.


                   A personal data incident must also, according to ch. § 9 BDL, notified to
                   The Data Inspectorate no later than 72 hours after the person responsible for personal data

                   become aware of the incident. A report does not need to be made if it is
                   it is unlikely that the incident has or will entail any risk

                   for undue invasion of the data subject's privacy. Of ch. 3 § 10
                   BDL states that the person responsible for personal data must in certain cases inform it

                   registered affected by the incident. Failure to report one
                   personal data incident to the Data Inspectorate can lead to administrative

                   sanction fees according to ch. 6 1 § BDL. 9




                   Grounds for the decision


                   The Data Inspectorate's review

                   In this supervisory matter, the Data Inspectorate has to take a position on the Swedish Customs
                   has documented procedures for detecting personal data incidents according to

                   the Criminal Data Act and whether the authority has and has had routines for dealing with it
                   incidents since the BDL came into force. The review also includes the question of

                   compliance with the requirement for documentation of incidents in ch. 14 § BDF
                   In addition, the Data Inspectorate must decide whether the Swedish Customs has implemented

                   information and training initiatives for their employees with a focus on

                   handling of personal data incidents according to BDL.




                   8 Prop. 2017/18: 232 pp. 198
                   9 Liability for violations is strict. Thus, neither intent nor negligence is required to
                   it must be possible to charge a penalty fee, see bill. 2017/18: 232 p. 481.Datainspektionen DI-2019-13112 7 (15)






                   The review does not include the content of the routines or training efforts

                   but is focused on verifying that the reviewing authority has
                   routines on site and that it has implemented training initiatives for

                   employees regarding personal data incidents. The review includes
                   however, if the authority's routines contain instructions to document them

                   information required by the Criminal Data Regulation.


                   Routines for detecting personal data incidents
                   The personal data that competent authorities handle within the framework of their

                   law enforcement and crime investigation activities are to a large extent of
                   sensitive and privacy sensitive nature. The nature of the business is high

                   requirements on the ability of law enforcement agencies to protect them
                   information was registered through necessary protection measures to e.g.

                   prevent an incident from occurring.


                   The obligation to report personal data incidents according to ch. 9 § BDL
                   shall be construed in the light of the general requirements to take appropriate technical and

                   organizational measures, to ensure appropriate security for
                   personal data, which is prescribed in ch. 2 and 8 §§. An ability to fast

                   Detecting and reporting an incident is a key factor. Because they
                   law enforcement agencies must be able to live up to

                   the reporting requirement, they must have internal routines and technical capabilities for
                   to detect an incident.


                   Based on the needs of the business and with the support of risk and vulnerability analyzes
                   competent authorities can identify the areas where there is a greater risk

                   that an incident may occur. Based on the analyzes, the authorities can then
                   use various instruments to detect a security threat. These can be

                   both technical and organizational measures. The starting point is that they
                   the safety measures taken must provide adequate protection and that incidents do not

                   should occur.


                   Examples of technical measures include intrusion detectors as automatic
                   analyzes and detects data breaches and the use of

                   log analysis tool to detect unauthorized access
                   (log deviations). An increased insight into the business' "normal" network

                   traffic patterns help identify things that deviate from the normal
                   the traffic picture vis-à-vis, for example, servers, applications or data files.Data Inspectorate DI-2019-13112 8 (15)








                    Organizational measures can, for example, be the adoption of internal strategies
                    for data protection relating to internal rules, guidelines, routines and different types of

                    control documents and policy documents. Guidelines and rules for handling
                                                                                                11
                    personal data, routines for incident management and log follow-up constitute
                    examples of such strategies. Periodic follow-up of assigned

                    authorizations is another example of organizational measures. In a competent

                    authority, there shall be procedures for allocation, change, removal and
                    regular verification of authorizations. Information for and training of

                    personnel if the rules and routines for incident management to be followed are

                    also examples of such measures.


                    The Data Inspectorate's assessment
                    The Swedish Customs has mainly stated the following. The authority has detailed

                    routines and guidelines for following up the processing of personal data in

                    The Swedish Customs' IT system for law enforcement activities. Through
                    logging and systematic log follow-up, the Swedish Customs can detect unauthorized persons

                    activity in their IT systems. Information is available on the authority's intranet

                    i.a. security logging and how the security logging is followed up
                    to. In the Swedish Customs' supplementary answer, reference is made to the authority's internal

                    rule on follow-up of processing of personal data in the Swedish Customs' IT system

                    for law enforcement activities (STY 2015-99) and to the authority
                    supporting document for Guidance on follow-up of treatment of

                    personal data in the Swedish Customs' IT system for law enforcement activities

                    (VER 2015-489) submitted. It also appears that technical solutions for
                    to counteract and detect IT and information security incidents,

                    including personal data incidents, is protection against malicious code on clients

                    (servers and work computers), next-generation firewalls to detect
                    network threats and SIEM solution for analyzing network and IT threats

                    system.





                    10 Criminal Data Act - Partial report of the Inquiry into the 2016 Data Protection Directive Stockholm

                    2017, SOU 2017: 29 pp. 302
                    11 Competent authorities must ensure that there are routines for log follow-up, see Bill.
                    2017/18: 232 pp. 455 f.
                    12
                       Chapter 3 § 6 BDL and supplementary provisions in ch. 6 § BDF
                    13 A SIEM solution collects log data from the network, extracts meaningful information from
                    the logs, compare different events to detect attack patterns and help search

                    log data for causal analysis, which provides an in-depth insight into what is happening in the network. Data Inspectorate DI-2019-13112 9 (15)






                  With regard to mobile phones, these are handled by security programs that comply

                  The Swedish Customs' requirements for handling information of high protection value.
                  Security programs can, for example, identify harmful behaviors on

                  mobile phones such as improper access to data and taking various actions
                  depending on the dignity of the error. Examples of measures can be lockout

                  from internal applications, selective deletion of internal data or
                  factory reset. Regarding organizational measures, the Swedish Customs refers

                  to the authority's governing document STY 2019-273, Internal rule for
                  operational protection, in which i.a. states that if a service card or IT

                  equipment has been lost or has been used by someone else, this must be reported
                  urgently to IT support. After that, the IT security function should be immediate

                  informed. The investigation shows that the Swedish Customs has carried out training
                  and information efforts. All employees must undergo a mandatory
                  online introductory course on personal data processing which includes

                  information on personal data incidents and on reporting obligations.


                  The Data Inspectorate can state that the Swedish Customs has routines for detecting
                  personal data incidents on site. The Data Inspectorate notes, however, that they

                  documents regarding logging and log follow-up that the Swedish Customs refers
                  to, i.e. the authority's intranet, STY 2015-99 and VER 2015-489, is based on

                  the Personal Data Act (1998: 204) and has not been updated in accordance with current law
                  data protection legislation for law enforcement activities. The Data Inspectorate

                  considers that this justifies a review of these procedures.


                  The Data Inspectorate therefore recommends, with the support of ch. § 6 BDL, att
                  The Swedish Customs reviews the authority's routines for logging and log follow-up

                  and updates these in accordance with applicable data protection laws for
                  law enforcement activities.


                  The obligation to take security measures to detect

                  personal data incidents are not linked to a specific time but the measures
                  shall be continuously reviewed and, if necessary, changed. For the Swedish Customs to
                  be able to maintain an adequate level of protection of personal data over time

                  recommends the Data Inspectorate, with the support of ch. § 6 BDL, att
                  the authority regularly evaluates the effectiveness of those taken

                  security measures to detect personal data incidents and that
                  the authority, if necessary, updates these.Data Inspectorate DI-2019-13112 1 0 (15)






                  Routines for handling personal data incidents

                  In order to be able to live up to the requirements for organizational measures in ch. § 8
                  BDL, the person responsible for personal data must have documented internal routines such as

                  describes the process to be followed when an incident has been detected or
                  occurred, including how the incident is to be limited, managed and restored,

                  and how the risk assessment is to be carried out and how the incident is to be reported internally
                  and to the Data Inspectorate. The routines must state, among other things: what a

                  personal data incident is / can be, when an incident needs to be reported, and
                  to whom, what is to be documented, the division of responsibilities and which

                  information that should be provided in the context of notification to
                  The Data Inspectorate.


                  The Data Inspectorate's control of routines for handling

                  personal data incidents refer to the time from the entry into force of the Criminal Data Act
                  i.e. on August 1, 2018.


                  The Data Inspectorate's assessment
                  The Swedish Customs has i.a. stated the following. The authority has routines / guidelines for

                  to report personal data incidents and information on this can be found at
                  the authority's intranet. Information on the intranet shows that

                  personal data incidents are categorized as one
                  information security incident which must be reported to IT support for

                  assessment and further handling. The Swedish Customs has also submitted
                  the authority's temporary routine for handling personal data incidents

                  dated 2019-04-29 and a description of how IT support should register
                  reported personal data incidents. In the Swedish Customs' supplementary answer

                  the authority has clarified that similar temporary routines for handling
                  personal data incidents were in place already in April 2018 and that these

                  was updated in April 2019. Any further update of the routines has
                  has not happened since. The Swedish Customs also states that there is nothing

                  produced control documents that specifically address personal data incidents
                  and refers to the authority's governing document STY 2019-785 which contains

                  a routine for handling information and IT security-related incidents
                  and problems. In cases where personal data is affected in an incident shall

                  the incident according to the control document is reported via IT support.

                  Taking into account the documents submitted and what has emerged in

                  the case, the Data Inspectorate initially states that the Swedish Customs from
                  the time when the Criminal Data Act came into force has had and has routines for the Data Inspectorate DI-2019-13112 1 1 (15)






                  handle personal data incidents on site. Of the review, however, it has

                  it has emerged that the Swedish Customs' routines are found in various documents and contain
                  different parts of the routines. For example, the Swedish Customs' intranet shows

                  information about what a personal data incident is and how an incident should be
                  reported and in the authority's temporary routines for handling

                  personal data incidents, you can read about the division of responsibilities and
                  the process for handling personal data incidents. The Data Inspectorate

                  also notes that the Swedish Customs does not have a produced control document
                  specifically for handling personal data incidents. It can according to

                  The Data Inspectorate's opinion entails a problem with disseminated information
                  and risk of slow incident management.


                  The Data Inspectorate therefore recommends, with the support of ch. § 6 BDL, att
                  The Swedish Customs prepares a single document with written guidelines or

                  routines for handling personal data incidents.


                  To be able to handle discovered personal data incidents in a correct way
                  and counteract its effects and risks on the data subjects' personalities

                  Integrity is important. The Data Inspectorate therefore recommends, with the support of
                  Chapter 5 § 6 BDL, that the Swedish Customs regularly checks that the routines for

                  handling of personal data incidents is followed.


                  Routines for documentation of personal data incidents
                  A prerequisite for the Data Inspectorate to be able to check

                  compliance with the documentation requirement of incidents in ch. § 14 BDF is that
                  the documentation includes certain information that should always be included.

                  The documentation shall include all details of the incident, including its
                  reasons, what happened and the personal data concerned. It should too

                  contain the consequences of the incident and the corrective actions taken
                  personal data controller.


                  The Data Inspectorate's assessment

                  The Swedish Customs has mainly stated the following. A case, such as one
                  personal data incident, documented in JIRA Service desk. The report on

                  the investigation of personal data incident is saved. External communication with
                  The data inspection is saved in the diary during the diary series VER. By the authority

                  intranet states that the Swedish Customs must document everyone
                  personal data incidents and at the same time a description of which appears

                  information and circumstances of a personal data incident such as the Data Inspectorate DI-2019-13112 1 2 (15)






                  the documentation shall include. The Swedish Customs has also produced a template for

                  reporting and investigation of personal data incidents where one appears
                  detailed description of an incident that occurred and what to do

                  documented. The template is intended to serve as a support in the investigation
                  and as an internal documentation when the investigation is completed.

                  The Data Inspectorate states that the Swedish Customs has an internal IT system to
                  i.a. report incidents involving personal data. In addition, it appears from

                  the authority's intranet that all personal data incidents must be documented
                  and what information the documentation must include. In addition,

                  the authority has produced a template for reporting and investigation of
                  personal data incidents that meet the requirements of the person in question

                  the provision. The Data Inspectorate notes, however, that the Swedish Customs' routines for
                  handling of personal data incidents lacks a description of which
                  information to be covered by the documentation.


                  To be able to document occurred personal data incidents correctly

                  and thereby counteract the risk of the documentation becoming deficient or
                  incomplete is important. Inadequate documentation can lead to

                  incidents are not handled and remedied properly, which can get
                  impact on privacy. The Data Inspectorate therefore recommends,

                  with the support of ch. 5 § 6 BDL, that the Swedish Customs' routines for handling
                  personal data incidents are supplemented with a description of which data

                  of an incident that is to be documented. In addition, the Swedish Customs should
                  carry out regular checks on the internal documentation of

                  personal data incidents


                  Information and training on personal data incidents
                  The staff is an important resource in the security work. It's not just enough

                  internal procedures, rules or governing documents if users do not follow them.
                  All users must understand that the handling of personal data must take place in one go

                  legally secure and that it is more serious not to report an incident than
                  to report e.g. a mistake or a mistake. It is therefore required that everyone

                  users receive adequate training and clear information on data protection.


                  The person responsible for personal data must inform and train his staff in matters
                  on data protection including the handling of personal data incidents. Of

                  The Data Inspectorate's report series Reported Personal Data Incidents under
                  the period 2018-2019 it appears that the human factor constitutes the most commonData Inspectorate DI-2019-13112 1 3 (15)






                                                                     14
                   the cause of reported personal data incidents. These mainly consist of
                   individuals who, consciously or unconsciously, do not follow internal routines

                   processing of personal data or made a mistake in handling
                   personal data. About half of the incidents are due to it

                   The human factor is about misplaced letters and emails.
                   In the opinion of the Data Inspectorate, this underlines the importance of

                   internal routines and technical safety measures need to be supplemented with

                   ongoing training, information and other measures to increase knowledge and
                   awareness among employees.


                   The Data Inspectorate's assessment

                   On the question of how information and education about incidents is provided
                   employees, the Swedish Customs has stated i.a. following. The Swedish Customs uses the tool

                   Teacher platform where employees can complete online courses. All
                   employees must undergo a mandatory online introductory course on

                   personal data processing. The course component includes, among other things, training on
                   what constitutes a personal data incident and how it should be reported

                   internally. Information on what constitutes personal data incidents and on
                   the importance of reporting these is also part of it

                   basic training undergone by customs graduates in law enforcement.
                   Furthermore, the Swedish Customs has plans for further information efforts that will

                   be aimed at specific areas of activity.


                   In the light of what appears from the investigation, the Data Inspectorate considers

                   that the Swedish Customs has shown that the authority has provided information and training
                   on handling personal data incidents to their employees.


                   To maintain competence and ensure that new staff receive

                   education, recurring information and education is important
                   the employees and hired staff. The Data Inspectorate recommends, with

                   support of ch. 5 § 6 BDL, that the Swedish Customs provides the employees with ongoing information
                   and recurring training in the handling of personal data incidents

                   and the obligation to report these.



                   14
                     Report 2019: 1, report 2019: 3 and report 2020: 2. MSB has drawn similar conclusions
                   its annual report for serious IT incidents, ie. that most of the incidents are due
                   human mistakes, see https://www.msb.se/sv/aktuellt/nyheter/2020/april/arsrapporten-for-
                   serious-it-incidents-2019-ar-slappt / Datainspektionen DI-2019-13112 1 4 (15)








                   This decision was made by unit manager Charlotte Waller Dahlberg after

                   presentation by lawyer Maria Angelica Westerberg. At the final
                   The handling of the case also has the IT security specialist Ulrika

                   Sundling and the lawyer Jonas Agnvall participated.




                   Charlotte Waller Dahlberg, 2020-12-17 (This is an electronic signature)



                   Copy for knowledge of:

                   The Swedish Customs' data protection representativeData Inspectorate DI-2019-13112 1 5 (15)














                  How to appeal

                  If you want to appeal the decision, you must write to the Data Inspectorate. Enter i
                  the letter which decision you are appealing and the change you are requesting.

                  The appeal must have been received by the Data Inspectorate no later than three weeks from
                  on the day the decision was announced. If the appeal has been received in due time

                  the Data Inspectorate forwards it to the Administrative Court in Stockholm
                  examination.


                  You can e-mail the appeal to the Data Inspectorate if it does not contain

                  any privacy-sensitive personal data or data that may be covered by
                  secrecy. The authority's contact information appears on the first page of the decision.