GDPR Articles 12-21, Data Subject Rights as Applied in Latvia
Regulation (EU) 2016/679, Arts. 12-21; Fizisko personu datu apstrādes likums, Art. 27(1)
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 Latvia within one month of receipt.
These lines are LexLint's reading of the law's text. Also read by: Datu valsts inspekcija (Data State Inspectorate) (guidance, recorded ); Case C-307/22 FT v DW, judgment 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:62022CJ0307
- Guidance link
- https://www.dvi.gov.lv/en/rights-data-subject
- Case citation
- Case C-307/22 FT v DW, judgment of (First Chamber)
- Guidance body
- Datu valsts inspekcija (Data State Inspectorate)
- Open questions
- Which 'normatīvajiem aktiem' (normative acts) on national security, defence, public security and criminal law bar the disclosure of information under Article 27(1) of the Personal Data Processing Law, so that the Article 15 right falls away for a controller?
- Outside a doctor-patient relationship, when does Article 15(3) entitle a data subject to a full copy of the documents containing the personal data, rather than a faithful and intelligible reproduction of the data themselves?
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. Article 27(1) of the Personal Data Processing Law removes the access right in listed settings and adds no record duty; its Article 37 on audit records is not among the provisions this row cites.
- Kind
- None
- As of
What this law does
General Data Protection Regulation (GDPR) Articles 12 to 21 apply directly in Latvia: access, rectification, erasure, restriction, portability, and objection, exercisable against the controller, generally within one month.
The Personal Data Processing Law adds national limits: its Article 27(1) removes the Article 15 access right where disclosure is barred by national-security, defence, public-security or criminal-law rules, or to protect the state's financial interests in tax enforcement, anti-money-laundering and counter-terrorist-financing work, or financial-market supervision. Articles 28 to 32 of the Law also set aside some of these rights in specific settings, such as official publication under Article 28.
When LexLint raises it
When your app profile says your app processes personal data.
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