SwedenGDPR Articles 12-21 and Dataskyddslagen Chapter 5, Data Subject Rights in Sweden
Regulation (EU) 2016/679, Arts. 12-21; Dataskyddslagen (2018:218), ch. 5 §§ 1-2
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 Sweden within one month of receipt.
- You need not give information or access under General Data Protection Regulation (GDPR) Articles 13 to 15 where another law, or a decision under a law, bars disclosure to the person; if you are not a public authority, this also covers information that would be secret at a public authority under the Public Access to Information and Secrecy Act (2009:400), under Dataskyddslagen chapter 5 section 1.
- An access request from a person in Sweden under GDPR Article 15 does not reach personal data in an unfinished running text or a memorandum or similar note, unless the data have been disclosed to a third party, are processed only for archiving in the public interest or statistics, or have stayed in that unfinished form for more than a year, under Dataskyddslagen chapter 5 section 2.
These lines are LexLint's reading of the law's text. Also read by: Integritetsskyddsmyndigheten (IMY) (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.imy.se/privatperson/dataskydd/dina-rattigheter/ta-del-av-dina-personuppgifter/
- Case citation
- Case C-307/22 FT v DW, judgment of (First Chamber)
- Guidance body
- Integritetsskyddsmyndigheten (IMY)
- Open questions
- What makes a text an unfinished running text or a memorandum ('minnesanteckning') whose personal data an access request under Article 15 does not reach under chapter 5 section 2 of Dataskyddslagen?
What it makes you log
Logging duty
Articles 12 to 21 set how and when a controller answers a rights request, and chapter 5 sections 1 and 2 of Dataskyddslagen set which information and which running texts a request does not reach. They state no duty to create, keep or produce a log or record of the request or the answer.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Sweden can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests. Chapter 5 of Dataskyddslagen narrows two of these rights for any controller.
Section 1 lifts the information and access duties of GDPR Articles 13 to 15 where another law, or a decision under a law, bars disclosure to the person, and for a controller that is not a public authority it also covers information that would be secret at a public authority under the Public Access to Information and Secrecy Act.
Section 2 keeps an access request from reaching personal data in an unfinished running text or memorandum, unless the data have been disclosed to a third party, are processed only for archiving or statistics, or have stayed in that form for more than a year.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
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