DenmarkGDPR Articles 12-21, Data Subject Rights as Applied in Denmark
Regulation (EU) 2016/679, Arts. 12-21; Databeskyttelsesloven
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 within one month of receipt, for a person in Denmark.
These lines are LexLint's reading of the law's text. Also read by: Datatilsynet (the Danish Data Protection Agency) (guidance, recorded ); Case C-487/21 F.F. v Österreichische Datenschutzbehörde and CRIF GmbH, judgment of the Court of Justice (First Chamber) of (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
The guidance was written while the Danish Data Protection Act was still a bill and cites section 22(5) of the bill (L 68).
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CJ0487
- Guidance link
- https://www.datatilsynet.dk/Media/C/0/Registreredes%20rettigheder.pdf
- Case citation
- Case C-487/21 F.F. v Österreichische Datenschutzbehörde and CRIF GmbH, judgment of the Court of Justice (First Chamber) of
- Guidance body
- Datatilsynet (the Danish Data Protection Agency)
- Open questions
- When does a person's interest in the information 'burde vige for afgørende hensyn til private interesser' under section 22(1) of the Databeskyttelsesloven, which disapplies Articles 13, 14, 15 and 34 of the GDPR, and so defeat a request for access to a private controller's own records about that person?
- Does processing that serves a scientific or statistical purpose alongside a commercial one count as processed 'udelukkende' for that purpose under section 22(5) of the Databeskyttelsesloven, so that Articles 15, 16, 18 and 21 fall away?
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 22 of the Databeskyttelsesloven lists the interests that may displace Articles 13, 14, 15 and 34 and creates no record duty.
- Kind
- None
- As of
What this law does
General Data Protection Regulation (GDPR) Articles 12 to 21 apply directly in Denmark: access, rectification, erasure, restriction, portability, and objection, generally exercisable against the controller within one month. Section 22(1) of the Databeskyttelsesloven narrows them for a private controller: the information, access and breach-notice duties (Articles 13, 14, 15 and 34) do not apply where the person's interest in the information must yield to decisive private interests, including their own.
Section 22(2) allows the same exception where the person's interest must yield to decisive public interests, such as public security, crime prevention or the enforcement of civil-law claims. Under section 22(5), access, rectification, restriction and objection do not apply to processing solely for scientific or statistical purposes.
When LexLint raises it
When your app profile says your app processes personal data.
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Page updated .