GDPR Articles 12-21, Data Subject Rights in Slovakia
Regulation (EU) 2016/679, Arts. 12-21; Zákon č. 18/2018 Z. z.
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 Slovakia within one month of receipt.
These lines are LexLint's reading of the law's text. Also read by: Úrad na ochranu osobných údajov Slovenskej republiky (Office for Personal Data Protection of the Slovak Republic) (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://dataprotection.gov.sk/sk/dotknute-osoby/prava-dotknutych-osob-slovensko/
- Case citation
- Case C-307/22 FT v DW, judgment of (First Chamber)
- Guidance body
- Úrad na ochranu osobných údajov Slovenskej republiky (Office for Personal Data Protection of the Slovak Republic)
- Open questions
- Which safeguards must exist before a special regulation may restrict data subject rights for research or statistics under Section 78(8) and (9) of Act No. 18/2018, given that both paragraphs refer to the safeguards 'under paragraph 6' while the safeguards for research, statistics and archiving appear in paragraph 7?
What it makes you log
Logging duty
Articles 12 to 21 set how and when a controller answers a rights request, and section 78(8) and (9) of Act No. 18/2018 Coll. lets a separate law restrict some rights for research, statistics and archiving. They state no duty to create, keep or produce a log or record of the request or the answer. Section 37 of the Act (records of processing activities) is a separate duty that this row does not cite.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Slovakia 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.
Act No. 18/2018 Z. z. restates these rights and, in Section 78(8) and (9), allows a separate law or treaty to restrict access, rectification, restriction and objection, and for archiving also portability, for research, statistics and archiving under safeguards; it never allows erasure or the automated-decision right to be restricted that way.
When LexLint raises it
When your app profile says your app processes personal data.
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