Personvernnemnda (Norway): Difference between revisions
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|Procedural Law:||[https://lovdata.no/dokument/NL/lov/2018-06-15-38 | |Procedural Law:||[https://lovdata.no/dokument/NL/lov/2018-06-15-38 Personal data Act (Personopplysningsloven) (in NOR)], [https://lovdata.no/dokument/NLE/lov/1967-02-10 Public Administration Act (Forvaltningsloven) (in EN)], [https://lovdata.no/dokument/NLE/lov/2006-05-19-16 Freedom of Information Act (Offentleglova) (in EN)] | ||
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|Decision Database:||[https://www.personvernnemnda.no/avgjorelser/ Important decisions (in NO)] | |Decision Database:||[https://www.personvernnemnda.no/avgjorelser/ Important decisions (in NO)] | ||
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The Norwegian | The Norwegian Privacy Appeals Board (''Personvernnemnda'') processes and decides on appeals against decisions of the Norwegian Data Protection Authority ([[Datatilsynet (Norway)|Datatilsynet]]). Parties have to appeal a decision directly with the DPA. If the DPA upholds its decision, the appeal is submitted to Personvernnemnda, who has the authority to overturn decisions issued by Datatilsynet. Personvernnemnda's decisions are final under the administrative procedure, but can be appealed to the courts. | ||
==Structure== | ==Structure== | ||
Personvernnemnda is subordinated to the | Personvernnemnda is an independent administrative body subordinated to the Norwegian Ministry of Local Government and Modernisation. Personvernnemnda is a collegial body, consisting of seven members. It has a quorum of five members. The members and deputies are appointed for four years with a right to be reappointed for another four years. | ||
==Applicable Material Law in Norway== | |||
When the General Data Protection Regulation (GDPR) 2016/679 was enacted, it was transposed into national law through the [https://lovdata.no/dokument/NL/lov/2018-06-15-38 Personal Data Act]. The Personal Data Act is divided into nine chapters with 34 paragraphs, followed by the GDPR full text. | |||
==Procedural Information== | ==Procedural Information== | ||
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When the General Data Protection Regulation (GDPR) 2016/679 was enacted, it was transposed into national law through the [https://lovdata.no/dokument/NL/lov/2018-06-15-38/KAPITTEL_6#KAPITTEL_6 Norwegian Personal Data Act] (personopplysningsloven). The Personal Data Act is divided into nine chapters with 34 paragraphs, followed by the GDPR full text. Personvernnemnda is introduced by § 22 of the Personal Data Act. | When the General Data Protection Regulation (GDPR) 2016/679 was enacted, it was transposed into national law through the [https://lovdata.no/dokument/NL/lov/2018-06-15-38/KAPITTEL_6#KAPITTEL_6 Norwegian Personal Data Act] (personopplysningsloven). The Personal Data Act is divided into nine chapters with 34 paragraphs, followed by the GDPR full text. Personvernnemnda is introduced by § 22 of the Personal Data Act. | ||
=== Complaints | === Complaints === | ||
After [[Datatilsynet (Norway)|Datatilsynet]] made a decision on a case, this decision can be appealed within three weeks after receipt of the decision. The appeal has to be submitted to [[Datatilsynet (Norway)|Datatilsynet]] (Postboks 458 Sentrum, 0105 Oslo, Norway). The DPA will reconsider the case. If it upholds its decision it forwards the case, all relevant documents and a transmission letter to Personvernnemnda. A copy of the latter is sent to the parties. | |||
Upon receipt of the complaint, Personvernnemnda's secretariat notifies the parties and sets a deadline for them to comment, in particular on the transmittal letter. | |||
Afterwards Personvernnemenda, which meets on average once a month, processes the case in writing. The parties cannot participate in this procedure. The parties receive the final decision - usually within two weeks after the meeting. | |||
=== Appeals === | === Appeals === |
Latest revision as of 15:48, 24 January 2022
Personvernnemnda | |
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Name: | Personvernnemnda |
Abbreviation : | Personvernnemnda |
Jurisdiction: | Norway |
Head: | Mari Bø Haugstad |
Deputy: | Bjørnar Borvik |
Adress: | PO Box 6805
St. Olavs plass 0130 OSLO NORWAY |
Webpage: | personvernnemnda.no |
Email: | post@pvn.no |
Phone: | +47 90 29 92 16 |
Twitter: | |
Procedural Law: | Personal data Act (Personopplysningsloven) (in NOR), Public Administration Act (Forvaltningsloven) (in EN), Freedom of Information Act (Offentleglova) (in EN) |
Decision Database: | Important decisions (in NO) |
Translated Decisions: | Category:Personvernnemnda (Norway) |
Head Count: | |
Budget: | NOK 2,683,000 (€256,980) (2020) |
The Norwegian Privacy Appeals Board (Personvernnemnda) processes and decides on appeals against decisions of the Norwegian Data Protection Authority (Datatilsynet). Parties have to appeal a decision directly with the DPA. If the DPA upholds its decision, the appeal is submitted to Personvernnemnda, who has the authority to overturn decisions issued by Datatilsynet. Personvernnemnda's decisions are final under the administrative procedure, but can be appealed to the courts.
Structure
Personvernnemnda is an independent administrative body subordinated to the Norwegian Ministry of Local Government and Modernisation. Personvernnemnda is a collegial body, consisting of seven members. It has a quorum of five members. The members and deputies are appointed for four years with a right to be reappointed for another four years.
Applicable Material Law in Norway
When the General Data Protection Regulation (GDPR) 2016/679 was enacted, it was transposed into national law through the Personal Data Act. The Personal Data Act is divided into nine chapters with 34 paragraphs, followed by the GDPR full text.
Procedural Information
Applicable Procedural Law
When the General Data Protection Regulation (GDPR) 2016/679 was enacted, it was transposed into national law through the Norwegian Personal Data Act (personopplysningsloven). The Personal Data Act is divided into nine chapters with 34 paragraphs, followed by the GDPR full text. Personvernnemnda is introduced by § 22 of the Personal Data Act.
Complaints
After Datatilsynet made a decision on a case, this decision can be appealed within three weeks after receipt of the decision. The appeal has to be submitted to Datatilsynet (Postboks 458 Sentrum, 0105 Oslo, Norway). The DPA will reconsider the case. If it upholds its decision it forwards the case, all relevant documents and a transmission letter to Personvernnemnda. A copy of the latter is sent to the parties.
Upon receipt of the complaint, Personvernnemnda's secretariat notifies the parties and sets a deadline for them to comment, in particular on the transmittal letter.
Afterwards Personvernnemenda, which meets on average once a month, processes the case in writing. The parties cannot participate in this procedure. The parties receive the final decision - usually within two weeks after the meeting.
Appeals
Personvernnemnda's decisions are final under the administrative procedure. However, they can be appealed to the courts.
Practical Information
Filing a complaint
Known problems
No known problems.
Filing an appeal
Statistics
Funding
Personvernnemnda is financed within the state budget. It had a budget of NOK 2,683,000 (approx. €256,980) in 2020.
Personal
Caseload
Personvernnemnda published the following statistics for 2020's caseload in its annual report:
- Incoming cases: 24
- Decided cases (substantiated): 17
- Datatilsynet's decisions upheld: 8
- Datatilsynet's decisions amended or repealed: 8
- Ratio of decisions changed: 47%
- Case processing time on average (in months): 2,3
Annual Reports
Personvernnemnda's annual reports from 2012 are available on this page.
References
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