The PET Act
The PET Act, which entered into force in 2014, comprehensively regulates PET’s activities and specifies PET’s tasks of preventing, investigating and countering acts and undertakings which pose or may come to pose a threat to Denmark as an independent, democratic and safe society. In addition, the Act stipulates when PET is allowed by law to collect, process and disclose information.
The PET Act also contains provisions on the Intelligence Oversight Board, which is an independent body that oversees PET’s processing of information.
The PET Act is supplemented by a statutory order on PET’s processing of information on natural and legal persons etc. and a statutory order on the implementation of security measures to ensure the protection of data on natural and legal persons processed by PET.
Future revision of the PET Act
In June 2022, the Danish Ministry of Justice published an evaluation report on the experience gained in relation to the PET Act and PET’s compliance with the applicable law as well as the effect of the law on the quality and efficiency of PET’s work.
The evaluation concluded that the legal framework for PET’s activities is generally successful, allowing PET to operate effectively while also ensuring effective oversight.
However, the evaluation also pointed to certain areas of the PET Act that might be in need of revision. Among other things, it appears from the report that changes in the threat picture and the technological development, including the digitalization of society, may necessitate a closer look at the overall framework for PET’s collection and processing of large quantities of data, so that PET may also in future be able to effectively carry out its tasks of preventing, investigating and countering crimes against the independence and security of the state.
The Government has stated that they intend to incorporate the conclusions of the evaluation into a future revision of the PET Act.