The Danish Return Agency processes personal data in connection with the legislative process within our administrative field. For example, this will be when The Danish Return Agency processes personal data from specific immigration cases giving rise to considerations for potential changes to the rules on immigration or an adjustment of practice.
Purpose and legal basis
The purpose of the processing of personal data in connection with the legislative process is to be able to implement new legislation, amend existing legislation or draft administrative legislation, such as executive orders.
The legal basis for this processing of personal data is Article 6(1)(e) of the General Data Protection Regulation (processing is necessary for the exercise of official authority, i.e. the performance of our tasks under immigration law), Article 9(2)(f) (processing is necessary for the establishment, exercise or defence of legal claims), and section 8 of the Data Protection Act (the performance of our tasks concerning immigration law).
As part of our exercise of official authority, it is therefore necessary to process personal data if the specific cases give rise to general considerations for changes to current legislation. In such events, we will have to review the facts of the specific immigration case.
Data being processed
We process both general and sensitive personal data about the person whose immigration case gave rise to the drafting of a legal instrument. For example, we may process information on your basis of residence, including any previous basis of residence, ties to Denmark and family members, nationality, etc.
Recipients of personal data
Depending on the circumstances, we may disclose personal data to other public authorities in connection with the legislative process, but the personal data will generally not be included in the legal instruments. This means that the draft bills, etc. which are sent out for consultation with other public authorities, private individuals, etc. will not contain personal data.
Storage of your data
All cases concerning the drafting of legislation are registered with a reference number in our electronic case and document management system. We file documents with personal data in accordance with the rules set out in the Access to Public Administration Files Act, and we hand them over to the state archival authorities in accordance with the rules set out in the legislation on archives (approximately every five years). After this, we will make a specific assessment of whether we need to retain a copy of the cases.