Czech RepublicGDPR Articles 12-21 and Act No. 110/2019 Sb. Section 11, Data Subject Rights in the Czech Republic
Regulation (EU) 2016/679, Arts. 12-21; Zákon č. 110/2019 Sb., o zpracování osobních údajů, § 11
In force since .
A data subject rights rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- none
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in the Czech Republic within one month of receipt.
- You may apply a person's rights in the Czech Republic proportionately, or postpone answering a request, where necessary and proportionate to protect an interest Section 6(2) lists, such as the rights and freedoms of others or the enforcement of a private-law claim, and must then notify the Office for Personal Data Protection without undue delay, under Act No. 110/2019 Sb. Section 11.
These lines are LexLint's reading of the law's text. Also read by: Úřad pro ochranu osobních údajů (Office for Personal Data Protection, Czech Republic) (guidance, recorded ); Case C-487/21 F.F. v Österreichische Datenschutzbehörde and CRIF, judgment of the Court of Justice of (First Chamber) (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CJ0487
- Guidance link
- https://uoou.gov.cz/verejnost/zakladni-prirucka-k-ochrane-udaju
- Case citation
- Case C-487/21 F.F. v Österreichische Datenschutzbehörde and CRIF, judgment of the Court of Justice of (First Chamber)
- Guidance body
- Úřad pro ochranu osobních údajů (Office for Personal Data Protection, Czech Republic)
- Open questions
- Does the Office's position that the right of access under Article 15 of Regulation (EU) 2016/679 does not give access to documents stand after the Court of Justice held in Case C-487/21 that a copy of extracts or whole documents can be required where essential?
What it makes you log
Logging duty
Articles 12 to 21 set how and when a controller answers a rights request. They state no duty to create, keep or produce a log or record of the request or the answer. Section 11 of Act No. 110/2019 Sb. lets a controller apply the rights proportionately or postpone compliance to protect a listed interest and has it notify the Office for Personal Data Protection; that is a notification and the section creates no record duty.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in the Czech Republic can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests.
Section 11 of Act No. 110/2019 Sb. lets a controller apply the rights in GDPR Articles 12 to 22 proportionately, or postpone compliance, where necessary and proportionate to protect an interest listed in Section 6(2), including the rights and freedoms of others and the enforcement of a private-law claim; the controller must notify the Office for Personal Data Protection of such a restriction without undue delay.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
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