NorwayPersonal Data Act (personopplysningsloven)
Lov om behandling av personopplysninger (personopplysningsloven), LOV-2018-06-15-38, in force
In force since .
A comprehensive regime 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
- on_request
What it requires
- Establish a General Data Protection Regulation (GDPR) Article 6 lawful basis before processing personal data of a person in Norway, including data collected by crawling.
- Treat consent given by a child of at least 13 years as valid for an information society service offered directly to that child, under Personal Data Act Section 5.
- Ground the processing of a Norwegian national identity number (fodselsnummer) or other unique identifier on a legitimate need for secure identification, under Personal Data Act Section 12.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations 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
- Open questions
- When is there a 'saklig behov for sikker identifisering' (an objective need for secure identification) under § 12 of the Personal Data Act, and when is a national identity number 'nødvendig' (necessary) as the method of achieving it, for a private service that could identify its users with another identifier?
What it makes you log
Who may demand the log
Regulator
What the log must hold
Actor identity, Data lineage
Logging duty
Section 1 makes the Regulation law in Norway, so Article 30 binds every controller and processor: each keeps a record of its processing activities, which for a controller states who it is, the purposes, the categories of data subjects and data, the recipients, any transfer to a third country and, where possible, the erasure time limits and the security measures. Article 30(5) lifts the duty for an organization with fewer than 250 persons unless its processing is likely to risk data subjects' rights and freedoms, is not occasional, or includes special categories or criminal-offence data. The Act's own chapters add no logging or record rule of their own: the consultation duty in sections 9 and 10 asks for a data protection officer's advice, not a record.
- Kind
- Explicit
- As of
- Provision
- Regulation (EU) 2016/679, Art. 30(1) and (4), applying as Norwegian law through Personal Data Act section 1 (a written record of processing activities, available to Datatilsynet on request)
- Trigger
- personal_data_processing
Why the legislator wanted it
The recital's first sentence gives the other purpose: the controller or processor keeps the records "in order to demonstrate compliance with this Regulation".
- As of
- Quote
- Each controller and processor should be obliged to cooperate with the supervisory authority and make those records, on request, available to it, so that it might serve for monitoring those processing operations.
- Source link
- https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- Source kind
- Recital
- Purpose
- accountability_demonstration
- regulator_supervision
What this law does
Norway is not an EU member; General Data Protection Regulation (GDPR) reaches Norway through the EEA Agreement, incorporated by Norway's own Personal Data Act (personopplysningsloven), not as directly applicable EU law. Section 1 provides that the Regulation, Annex XI item 5e of the EEA Agreement, applies as Norwegian law with the adaptations that follow from Annex XI, Protocol 1 and the Agreement otherwise.
Chapter 3 sets the digital age of consent for information society services at 13 (Section 5) and governs national identity number (fodselsnummer) processing (Section 12). Datatilsynet is the supervisory authority, institutionally distinct from Denmark's identically named authority.
Section 12a, which the Storting added by an amendment passed on , lets public authorities disclose personal data to one another where necessary to prevent, detect, forestall or sanction workplace crime, and does not extend to the special-category data of GDPR Article 9; that amending act takes effect from the time the King decides. The Storting's text of the Act dates from its passage in 2018, so amendments made since, other than Section 12a, are not carried by that source.
When LexLint raises it
When your app profile says your app crawls the web or processes personal data.
Back to the example · Lint your app
Page updated .