Law / Finland

GDPR Articles 12-21 and Data Protection Act Sections 21 and 33-34, Data Subject Rights in Finland

Regulation (EU) 2016/679, Arts. 12-21; Tietosuojalaki 1050/2018 secs. 21, 33-34

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 Finland within one month of receipt, unless a Data Protection Act Section 33 or 34 national security, defence, public order, or tax supervisory ground applies.

These lines are LexLint's reading of the law's text. Also read by: European Data Protection Board (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

As of
Case link
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62021CJ0487
Guidance link
https://www.edpb.europa.eu/system/files/2023-04/edpb_guidelines_202201_data_subject_rights_access_v2_en.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
European Data Protection Board
Open questions
What counts as 'vakavaa vaaraa rekisteröidyn terveydelle tai hoidolle taikka rekisteröidyn tai jonkun muun oikeuksille' under section 34(1)(2) of the Tietosuojalaki, so that a controller may refuse access under Article 15 of the GDPR?

What it makes you log

Logging duty

Articles 12 to 21 set how a controller answers an access, rectification, erasure, restriction, portability or objection request. They state no duty to create, keep or produce a log or record of the request or the answer. Sections 33 and 34 of the Data Protection Act limit the information and access duties on listed grounds and create no record duty; Section 34 has the Article 15 information given to the Data Protection Ombudsman on the person's request, which is a disclosure and not a log.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

General Data Protection Regulation (GDPR) Articles 12 to 21 apply in Finland. Data Protection Act Section 33 restricts the Article 13/14 information duty, and Section 34 restricts the Article 15 access right, on national security, defence, public order, offence prevention, or tax and public finance supervisory grounds; Section 34 also allows access to be refused where it would seriously endanger the person's health or care or the rights of the person or another.

Section 21 gives a right to refer a complaint to the Data Protection Ombudsman, with a three-month handling deadline and a right of appeal to an administrative court if that deadline is missed.

When LexLint raises it

When your app profile says your app processes personal data.

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