NorwayPersonal Data Act Chapter 3 and GDPR Article 9, Special Categories in Norway
In force since .
A sensitive categories rule binding public and private bodies.
- Excludes recording-derived identifiers
- No
- Audit expectation
- none
What it requires
- Ground the processing of any biometric identifier of a person in Norway, including a faceprint or voiceprint captured for unique identification, on a General Data Protection Regulation (GDPR) Article 9(2) condition such as explicit consent.
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
- Does § 6 of the Personal Data Act, which allows processing of data under Article 9(1) of the GDPR 'når det er nødvendig for å gjennomføre arbeidsrettslige plikter eller rettigheter' (when necessary to carry out employment-law duties or rights), cover an employer's processing of employees' biometric data for access control?
What it makes you log
Logging duty
Article 9 of the Regulation prohibits processing special categories of personal data unless an exception applies, and sections 6, 7 and 9 of the Act add exceptions: employment-law duties, a permit from Datatilsynet or a royal regulation for important public interests, and archiving, research and statistics. Section 9(2) requires consultation with the data protection officer before processing under section 9(1), section 10 extends that duty to research on the data subject's consent, and the duty falls away where a data protection impact assessment has been carried out. None of these provisions asks the controller to make, keep or produce a log or record, and the Article 35 assessment sits outside the provisions this instrument cites. The Act's territorial clause, section 4, sits outside the provisions this instrument cites, so no jurisdiction hook is stated.
- Kind
- None
- As of
What this law does
General Data Protection Regulation (GDPR) Article 9(1), incorporated as Norwegian law through the Personal Data Act, classifies biometric data processed for unique identification as a special category. Chapter 3 of the Act contains no biometric-specific provision and no enumeration of biometric examples, so the special category here is the incorporated GDPR one without Norwegian elaboration.
When LexLint raises it
When your app profile says your app processes biometric data.
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