This is how personal information is processed
You have appealed to the Ministry of Integration about a ruling, which the Immigration Service or the police have made, or applied to the Ministry of Integration about a residency permit.
The danish personal data act obligates the Ministry of Integration to inform you that with the processing of your case, the ministry will handle the personal information about you wholly or partially with the help of electronic data processing, including gathering and forwarding of personal information about you. This also applies if you have appealed on a case processing question.
The information is processed with the purpose of making a ruling on the occasion of your appeal or application.
Below is other information, which the personal data act prescribes you should be informed of.
An immigrant, who applies for a permit pursuant to the immigration act, is obligated to contribute with information of the case. The immigrant must, among other things, submit information, which is necessary for the evaluation of whether a residence permit can be granted, withheld or cancelled.
If the immigrant does not provide this information, it can have the effect that the Ministry of Integration will not accommodate your appeal or application in the first instance because of this reason.
You can read more about the obligations for contributing to the information of the case in thedanish immigration act, § 40 below.
You have, if you so request, the right to be informed of which information the Ministry of Immigration is processing, the purpose of the processing, the categories of the recipients of information and information about where the information originates.
Petition for this can be directed to the Ministry for Refugee, Immigration and Integration Affairs, Holbergsgade 6, 1057 Copenhagen K, tel.: +45 33 92 33 80, email: inm@inm.dk.
This will promote the processing of your request if you inform of the immigrant number or in visa cases, the IVR no., or give other precise information which can help the Ministry of Immigration to quickly find the personal information about you, which the Ministry of Integration is processing.
You have the right to object to the Ministry of Integration processing personal information, which is processed wholly or partially with the help of electronic data processing.
If the Ministry of Integration processes personal information incorrectly or misleadingly or in a similar manner processes personal information in conflict with the legislation, the ministry must correct, block or possibly delete the information.
If your case is an appeal regarding a ruling made by the Immigration Service or the police, the Ministry of Integration will obtain the documents of the case from the Immigration Service or the police.
All information which you have given to the Immigration Service or the police in connection with the processing of the case will then be included in the Ministry of Integration's processing of the case.
You must expect that the Ministry of Integration will, if necessary, obtain information from the Immigrant register, The Common Visa System (WIVR) and the Central Persons Register.
The Ministry of Integration’s processing of the case must be expected to involve the forwarding of information to the Immigration Service, the Refugee Council, municipalities, the police and/or Danish representatives abroad to the extent necessary.
You can read more about your rights in relation to the personal data act below, where paragraphs 31, 35 and 37 of the personal data act are repeated.
§ 40 of the Danish Immigration law:
§ 40. An immigrant must submit the information that is necessary for the assessment of whether a permit pursuant to this law can be granted, withheld or cancelled, or whether the immigrant is legally residing in the country.
Following a summons, the immigrant must appear for a personal meeting and upon request make available his passport or travel identification with the processing of applicants pursuant to the law.
The immigrant must inform whether the information mentioned under the 1st and 2nd point can be forwarded to the intelligence services and the prosecuting authority according to the rules in chapter 7 a and that the information will be able to form the basis for the prosecuting authority’s decision of whether charges should be brought for crimes committed in or outside of Denmark. Other persons who are considered as being able to contribute with information to use for the processing of the case can be forced to notify the information mentioned under the 1st point.
Section 2. An immigrant must notify the information regarding his financial conditions, which are necessary for the assessment of whether the Immigration Service can impose the immigrant to refund expenses for the support and necessary services related to health, cf. § 42a, section 4.
Section 3. If the police ensure the outward journey for an immigrant, the immigrant must notify the necessary information for this and contribute to the providing of the necessary travel identification and visa and for the outward journey also. Upon request from the police, the court can, if deemed necessary with a view to the sending home of the immigrant, decide that an immigrant who does not wish to contribute to this must be presented before the representation of the home country or another country. The court appoints a lawyer for the immigrant. The ruling of the court is made by judgement, which can be appealed according to the rules in chapter 37 of the administration of justice act. The appeal does not have a suspensory effect. With the court’s processing of the case, the administration of justice act, chapter 43a is also correspondingly used.
Section 4. If a person submits a declaration for information in cases which fall within this law, the immigration authorities can demand that the declaration be solemnly declared.
Section 5. The person who by submitting an incorrect declaration or in another way contributes or tries to contribute to an immigrant achieving a residence permit by deceit, must compensate for the expenses that are placed on the state with the inward journey, stay and outward journey of the immigrant and for the processing of the immigrant’s case. An execution of distraint order is added to the demand.
Section 6. For information in cases which fall within this law, interrogation can be admitted in the court, cf. the administration of justice act, § 1018.
Section 7. Documents and items that may be considered as being important to determine an immigrant’s identity or affiliation to other countries can be taken into custody if this is deemed necessary. The administration of justice act, chapters 72 and 73 and the rules regarding the confiscation in the administration of justice act, chapter 74, are used to the same extent as in cases which regard crimes that can lead to prison sentence.
Section 8. If an immigrant who has applied for a residence permit according to § 7 fails to appear after having been summoned to a personal meeting at the Immigration Service or the police without reported, legal absence, the immigrant’s application for a residence permit is cancelled according to § 7. The summons must contain information about the effects of absence. In special cases, the Immigration Service can decide that an application must not be considered as cancelled.
§§ 31, 35 and 37 of the Danish Personal Data Act:
The registered access right
§ 31. If a person submits a request for this, the data manager must provide the person concerned with notification of whether information is being processed about the person concerned. If such information is being processed, the registered information must be given in an easily understandable manner.
1) which information is being processed,
2) the purpose of the processing,
3) the categories of the recipients of the information and
4) accessible information of where this information originates.
Section 2. The data manager must as soon as possible respond to requests as mentioned in section 1. If the request is not answered within 4 weeks after receipt, the data manager must inform the person concerned of the reason for this as well as when the ruling can be expected.
Other rights
§ 35. The person registered can at any time submit objection to the data manager that information about the person concerned is being the subject of processing.
Section 2. If the objection, according to section 1 is entitled, the processing may no longer include the information of the person concerned.
§ 37. The data manager must correct, delete or block information which shows to be incorrect or misleading or in similar ways is processed in conflict with the law or a stipulation issued pursuant to the law if a registered person submits a request for this.
Section 2. The data manager must inform the third party to which the information is forwarded that the forwarded information is correct, deleted or blocked pursuant to section 1, if a registered person submits a request for this. This does not apply however, if the notification turns out to be impossible or is disproportionately difficult.