KosovoLaw No. 06/L-082 on Protection of Personal Data, rights of the data subject
Law No. 06/L-082 on Protection of Personal Data, arts. 11-20, 22, 74 (rights of the data subject)
In force since .
A data subject rights rule binding public and private bodies.
- Obligation class
- Data subject rights, Disclosure, Access restriction
- Audit expectation
- none
What it requires
- Answer an access, rectification, erasure, restriction, portability or objection request within one month of receipt, extendable by two further months for complex or numerous requests, and tell the data subject about any extension within the first month.NIST Privacy FrameworkCT.PO-P3
- Tell a data subject, at the point you collect or first obtain their personal data, your identity, the purposes and legal basis of processing, the recipients, any transfer to a third country, the storage period, and their rights, within one month where the data came from elsewhere.NIST Privacy FrameworkCM.AW-P1
- Give a data subject a copy of their personal data on request, along with the purposes, categories, recipients, storage period and other Article 14 information, free of charge for the first copy.NIST Privacy FrameworkCT.DM-P1
- Correct inaccurate or incomplete personal data on request without undue delay.NIST Privacy FrameworkCT.DM-P3
- Erase personal data on request without undue delay where it is no longer necessary, consent is withdrawn with no other lawful basis, the data subject objects with no overriding ground, it was processed unlawfully, a legal obligation requires erasure, or it was collected under the child information-society-service consent rule.NIST Privacy FrameworkCT.DM-P4
- Restrict processing on request while accuracy is contested, in place of erasure where the data subject prefers restriction, where you no longer need the data but the data subject does for legal claims, or while an objection is being verified, and tell the data subject before lifting the restriction.NIST Privacy FrameworkCT.PO-P3
- Pass on any rectification, erasure or restriction to every recipient the data were disclosed to, unless that is impossible or disproportionately difficult, and tell the data subject who those recipients are on request.NIST Privacy FrameworkCM.AW-P5NIST Privacy FrameworkCM.AW-P4
- Give a data subject their data in a structured, commonly used, machine-readable format and transmit it to another controller on request where processing rests on consent or a contract and is automated.NIST Privacy FrameworkCT.DM-P2
- Stop processing personal data for direct marketing, including related profiling, as soon as a data subject objects, and bring that right to their attention explicitly and separately no later than the first communication with them.NIST Privacy FrameworkCT.PO-P3NIST Privacy FrameworkCM.AW-P1
- Where you rely on Article 74's specific direct-marketing procedure, stop the marketing use within eight days of receiving a written objection and confirm that in writing to the data subject within a further five days.NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text.
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.
- CT.DM-P1Data elements can be accessed for review.
- CT.DM-P2Data elements can be accessed for transmission or disclosure.
- CT.DM-P3Data elements can be accessed for alteration.
- CT.DM-P4Data elements can be accessed for deletion.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-006Data Quality & Classification/Sensitivity
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Articles 11 to 20, 22 and 74 set the data subject's rights, the one-month response time (Article 11(3)) and the eight-day stop on direct marketing after an objection (Article 74). A controller refusing a request must say so (Article 11(4)) and must demonstrate that it cannot identify the data subject (Article 11(2)) or has compelling legitimate grounds to continue after an objection (Article 20(1)); those are conditions the controller must meet to refuse, not a duty to keep a record. The right of access gives the data subject their own data, not a log. The row imposes no log or record duty.
- Kind
- None
- As of
What this law does
Article 11 requires the controller to give the Article 12 and 13 information and handle an Article 14 to 21 request in a concise, transparent, intelligible and easily accessible form, free of charge and within one month of the request, extendable by a further two months for complex or numerous requests.
Articles 12 and 13 set the information a controller must give a data subject, whether the data came from the subject or elsewhere, covering the controller's identity, the purposes and legal basis of processing, the recipients, any transfer to a third country, the storage period, and the data subject's rights. Article 14 gives a right of access to confirmation of processing, a copy of the personal data, and the accompanying information the article lists.
Article 15 gives a right to rectification of inaccurate personal data and completion of incomplete data. Article 16 gives a right to erasure, the right to be forgotten, on the listed grounds, including withdrawal of consent, unlawful processing, and collection under Article 7's information-society-service consent rule.
Article 17 gives a right to restriction of processing where accuracy is contested, processing is unlawful, the controller no longer needs the data but the data subject does for legal claims, or an Article 20 objection is pending verification. Article 18 requires the controller to communicate any rectification, erasure or restriction to every recipient the data were disclosed to, unless that proves impossible or disproportionately difficult.
Article 19 gives a right to data portability in a structured, commonly used and machine-readable format where processing rests on consent or a contract and is carried out by automated means. Article 20 gives a right to object to processing based on the controller's or a third party's legitimate interest, and a separate, unconditional right to object to processing for direct marketing purposes, including related profiling.
Article 74 lets a data subject demand in writing that a controller stop using their personal data for direct marketing, requires the controller to stop within eight days of receiving the objection, and requires written confirmation to the data subject within a further five days.
Article 22 lets these rights be restricted, consistently with the essence of fundamental rights and freedoms, only where necessary and proportionate to safeguard the listed public interests, including state security, defence, public safety, and the prevention, investigation, detection or prosecution of criminal offences.
When LexLint raises it
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