Datatilsynet (Norway): Difference between revisions
m (→Administrative: changed the section for the added information) |
(merged appeals sections, removed the second one) |
||
| (3 intermediate revisions by the same user not shown) | |||
| Line 41: | Line 41: | ||
|} | |} | ||
''Datatilsynet'' is the national Data Protection Authority for Norway, headquartered in Oslo. | ''Datatilsynet'' is the national Data Protection Authority (DPA) for Norway, headquartered in Oslo. The DPA is an independent body established in 1980, through the [https://app.uio.no/ub/ujur/oversatte-lover/data/lov-19780609-048-eng.pdf Act No. 48 of 9 June 1978 relating to personal data filing systems, etc.] § 2. Through information, dialogue, complaints handling and inspection, Datatilsynet oversees the GDPR in Norway and supervises that authorities, companies, organisations and individuals follow data protection legislation. | ||
==Structure== | ==Structure== | ||
The DPA is financed by the Norwegian government and administratively subordinate to the [https://www.regjeringen.no/en/dep/kdd/min/id509/ Ministry of Local Government and Regional Development]. | |||
The DPA is organized in a legal department, a department for technology, analysis and security, a communications department and an administrative department. The legal department is further organized in different sections. | |||
====Legal Department==== | ====Legal Department==== | ||
=====Department for the enforcement of rules, international cooperation and sanctions===== | =====Department for the enforcement of rules, international cooperation and sanctions===== | ||
The department for the enforcement of rules, international cooperation and sanctions have the overarching responsibility for the legal development at | The department for the enforcement of rules, international cooperation and sanctions have the overarching responsibility for the legal development at the DPA, as well as the international work, for instance with the EDPB. | ||
The department have three different sections: | The department have three different sections: | ||
| Line 73: | Line 73: | ||
===Applicable Procedural Law=== | ===Applicable Procedural Law=== | ||
The DPA is, like all other public bodies in Norway, bound by the [https://lovdata.no/dokument/NLE/lov/1967-02-10 Public Administration Act of 1967] (''Forvaltningsloven'') and the [https://lovdata.no/dokument/NLE/lov/2006-05-19-16?q=Freedom%20of%20Information%20Act Freedom of Information Act of 2009] (''Offentleglova''). As a main rule, all case documents are subject to public access in accordance with Section 3 of this Act. | |||
===Complaints Procedure under Art 77 GDPR=== | ===Complaints Procedure under Art 77 GDPR=== | ||
There are no formal requirements by law. | There are no formal requirements by law. | ||
The DPA informs on their website that complaints must be sent in written form to their postal address and that they're working to get a secure electronic complaint form in place (this is not yet in place as per August 2022). However, they will process complaints sent to their general email address (postkasse@datatilsynet.no). | |||
To ensure "effective case processing", | To ensure "effective case processing", the DPA encourages that the data subject first contacts the controller to try to resolve the case, as well as attaching any such correspondance and other documentation to the complaint. However, this is not a requirement. | ||
'''When submitting a complaint, the complainant should include:''' | '''When submitting a complaint, the complainant should include:''' | ||
| Line 91: | Line 91: | ||
The former practice of requiring complainants to fulfil certain obligations to file a complaint was ended, as there are no basis under GDPR to impose such additional requirements. | The former practice of requiring complainants to fulfil certain obligations to file a complaint was ended, as there are no basis under GDPR to impose such additional requirements. | ||
The DPA also has an electronic form for anonymous tips on their website. | |||
Read more on [https://www.datatilsynet.no/om-datatilsynet/kontakt-oss/hvordan-kan-jeg-klage-til-datatilsynet/ datatilsynet.no] | Read more on [https://www.datatilsynet.no/om-datatilsynet/kontakt-oss/hvordan-kan-jeg-klage-til-datatilsynet/ datatilsynet.no] | ||
===''Ex Officio'' Procedures under Art 57 GDPR=== | ===''Ex Officio'' Procedures under Art 57 GDPR=== | ||
The DPA can carry out their own investigations based on own findings, like cases they've been aware of through the media. They have done this on several occasions already. | |||
===Appeals=== | ===Appeals=== | ||
======Administrative====== | ======Administrative====== | ||
When the DPA has made a decision they will first send the recipient an '''advance notification''' (“''varsel om vedtak''”) as per the Norwegian Public Administration Act Section 16. The recipient gets three weeks to respond with their comments or remarks ("written representations"). If they raise any objections, the DPA will reassess the case and can, consequently, change parts of or their whole decision. | |||
Personvernnemda has the authority to overturn decisions issued by | The DPA will then send the recipient the '''final decision''', who may now appeal the decision if they still object to the outcome. In that case, they have another three weeks to respond with a written complaint. | ||
Norwegian administrative law ([https://www.sdir.no/en/shipping/legislation/laws/procedure-in-cases-concerning-the-public-administration/ Section 28 Public Administration Act]) allows for what resembles an internal appeals procedure with the DPA itself. This provision most likely can be considered as one of the 'other administrative or non-judicial' remedies, which [[Article 78 GDPR|Article 78(2) GDPR]] refers to. | |||
If the DPA decides to uphold their decision, they will transfer the case to ''Personvernnemnda'' (the Privacy Appeals Board)'','' an independent body tasked to manage appeals established under the Norwegian Personal Data Act Section 22. Personvernnemda has the authority to overturn decisions issued by the DPA, in part or in full. Their decisions are final under the administrative procedure, but can be appealed to the courts. | |||
Decisions can, however, be appealed to the national courts, starting in the first instance, ''tingretten''. | |||
======Court====== | ======Court====== | ||
| Line 110: | Line 116: | ||
==Practical Information== | ==Practical Information== | ||
===Known problems=== | ===Known problems=== | ||
Case processing can extend over months and even years due to too few resources. | Case processing can extend over months and even years due to too few resources. The DPA has been criticized several times because of this by the Privacy Appeals Board. | ||
==Statistics== | ==Statistics== | ||
===Funding=== | ===Funding=== | ||
The DPA is financed by the Norwegian government and gets their budget allocation every December from the Ministry of Local Government and Regional Development. The funding for 2022 is NOK 69 830 000, approx. €7,234,039. | |||
Historical numbers ([https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/arsrapport-for-2021/ Datatilsynet's annual report 2021]): | Historical numbers ([https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/arsrapport-for-2021/ Datatilsynet's annual report 2021]): | ||
| Line 131: | Line 130: | ||
===Personell=== | ===Personell=== | ||
The DPA had 72 employees as per 31 December 2021, with 56 full-time, 6 temporary project positions related to the regulatory sandbox and 10 students on 25% engagement working on the DPA's guidance service over the phone. About 58% are women and 42% men. | |||
Historical numbers ([https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/arsrapport-for-2021/ Datatilsynet's annual report 2021]): | Historical numbers ([https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/arsrapport-for-2021/ Datatilsynet's annual report 2021]): | ||
| Line 141: | Line 140: | ||
===Caseload=== | ===Caseload=== | ||
The caseload has increased significantly since the GDPR came into effect. | The caseload has increased significantly since the GDPR came into effect. The DPA informs that cases take at least 3-6 months, often significantly longer. The Privacy Appeals Board has criticized the DPA for this several times and they have even [[Personvernnemnda (Norway) - 2021-09 & PVN-2021-15 (20/01790)|reduced administrative fines]] as a result. | ||
Historical numbers ([https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/arsrapport-for-2021/ Datatilsynet's annual report 2021]): | Historical numbers ([https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/arsrapport-for-2021/ Datatilsynet's annual report 2021]): | ||
| Line 199: | Line 198: | ||
===Annual Reports=== | ===Annual Reports=== | ||
The DPA's annual reports from 2009 (ongoing) [https://www.datatilsynet.no/om-datatilsynet/arsmeldinger/ are available on this page]. | |||
==References== | ==References== | ||
Latest revision as of 06:40, 26 March 2023
| Datatilsynet | |
|---|---|
 | |
| Name: | Datatilsynet |
| Abbreviation : | Datatilsynet |
| Jurisdiction: | Norway |
| Head: | Line Coll |
| Deputy: | n/a |
| Adress: | Tollbugata 3
0152 Oslo NORWAY |
| Webpage: | datatilsynet.no |
| Email: | postkasse@datatilsynet.no |
| Phone: | +47 22 39 69 00 |
| Twitter: | @datatilsynet |
| Procedural Law: | Public Administration Act (Forvaltningsloven) (in EN), Freedom of Information Act (Offentleglova) (in EN) |
| Decision Database: | Important decisions (in NO) |
| Translated Decisions: | Category:Datatilsynet (Norway) |
| Head Count: | Approx. 72 |
| Budget: | NOK 66 845 000 (€6,924,808) (2021)[1] |
Datatilsynet is the national Data Protection Authority (DPA) for Norway, headquartered in Oslo. The DPA is an independent body established in 1980, through the Act No. 48 of 9 June 1978 relating to personal data filing systems, etc. § 2. Through information, dialogue, complaints handling and inspection, Datatilsynet oversees the GDPR in Norway and supervises that authorities, companies, organisations and individuals follow data protection legislation.
Structure
The DPA is financed by the Norwegian government and administratively subordinate to the Ministry of Local Government and Regional Development.
The DPA is organized in a legal department, a department for technology, analysis and security, a communications department and an administrative department. The legal department is further organized in different sections.
Legal Department
Department for the enforcement of rules, international cooperation and sanctions
The department for the enforcement of rules, international cooperation and sanctions have the overarching responsibility for the legal development at the DPA, as well as the international work, for instance with the EDPB.
The department have three different sections:
Section for public services
The section for public services have the main responsibility for police- and justice sector, immigration administration, the health sector, public administration and the school- and kindergarden sector.
Section for private services
The section for private services have the main responsibility for the banking and financing sector, privacy in the workplace, violations on the internet, camera surveillance, audio recordings and the like.
International Section
The international section have the main responsibility for the transfer of personal data to third-countries and international cooperation.
Department for technology, analysis and security
The department for technology, analysis and security have the overarching responsibility for digitalisation, carrying out supervisory tasks and the methodology in relation to this, security of processing, technical analysis, as well as strategic work. The department consist of a staff with security and technical experts, as well as a section for analysis, research and politics.
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
The DPA is, like all other public bodies in Norway, bound by the Public Administration Act of 1967 (Forvaltningsloven) and the Freedom of Information Act of 2009 (Offentleglova). As a main rule, all case documents are subject to public access in accordance with Section 3 of this Act.
Complaints Procedure under Art 77 GDPR
There are no formal requirements by law.
The DPA informs on their website that complaints must be sent in written form to their postal address and that they're working to get a secure electronic complaint form in place (this is not yet in place as per August 2022). However, they will process complaints sent to their general email address (postkasse@datatilsynet.no).
To ensure "effective case processing", the DPA encourages that the data subject first contacts the controller to try to resolve the case, as well as attaching any such correspondance and other documentation to the complaint. However, this is not a requirement.
When submitting a complaint, the complainant should include:
- The name of the controller
- A description of what the complaint is about
- Their contact information (name, phone number and postal address only)
- Copies of any correspondance with the controller
The former practice of requiring complainants to fulfil certain obligations to file a complaint was ended, as there are no basis under GDPR to impose such additional requirements.
The DPA also has an electronic form for anonymous tips on their website.
Read more on datatilsynet.no
Ex Officio Procedures under Art 57 GDPR
The DPA can carry out their own investigations based on own findings, like cases they've been aware of through the media. They have done this on several occasions already.
Appeals
Administrative
When the DPA has made a decision they will first send the recipient an advance notification (“varsel om vedtak”) as per the Norwegian Public Administration Act Section 16. The recipient gets three weeks to respond with their comments or remarks ("written representations"). If they raise any objections, the DPA will reassess the case and can, consequently, change parts of or their whole decision.
The DPA will then send the recipient the final decision, who may now appeal the decision if they still object to the outcome. In that case, they have another three weeks to respond with a written complaint.
Norwegian administrative law (Section 28 Public Administration Act) allows for what resembles an internal appeals procedure with the DPA itself. This provision most likely can be considered as one of the 'other administrative or non-judicial' remedies, which Article 78(2) GDPR refers to.
If the DPA decides to uphold their decision, they will transfer the case to Personvernnemnda (the Privacy Appeals Board), an independent body tasked to manage appeals established under the Norwegian Personal Data Act Section 22. Personvernnemda has the authority to overturn decisions issued by the DPA, in part or in full. Their decisions are final under the administrative procedure, but can be appealed to the courts.
Decisions can, however, be appealed to the national courts, starting in the first instance, tingretten.
Court
Decisions can also be appealed to the courts, starting in the first instance, tingretten.
Practical Information
Known problems
Case processing can extend over months and even years due to too few resources. The DPA has been criticized several times because of this by the Privacy Appeals Board.
Statistics
Funding
The DPA is financed by the Norwegian government and gets their budget allocation every December from the Ministry of Local Government and Regional Development. The funding for 2022 is NOK 69 830 000, approx. €7,234,039.
Historical numbers (Datatilsynet's annual report 2021):
- 2021: NOK 67 845 000
- 2020: NOK 66 703 000
- 2019: NOK 57 672 000
- 2018: NOK 54 411 000
Personell
The DPA had 72 employees as per 31 December 2021, with 56 full-time, 6 temporary project positions related to the regulatory sandbox and 10 students on 25% engagement working on the DPA's guidance service over the phone. About 58% are women and 42% men.
Historical numbers (Datatilsynet's annual report 2021):
- 2021: 72 (64 FTEs)
- 2020: 65 (60 FTEs)
- 2019: 45
- 2018: 41
Caseload
The caseload has increased significantly since the GDPR came into effect. The DPA informs that cases take at least 3-6 months, often significantly longer. The Privacy Appeals Board has criticized the DPA for this several times and they have even reduced administrative fines as a result.
Historical numbers (Datatilsynet's annual report 2021):
| 2018 | 2019 | 2020 | 2021 | |
|---|---|---|---|---|
| Caseload | 2654 | 3118 | 3271 | 3474 |
| Reported data breaches | 1 275 | 1 893 | 2 008 | 2 255 |
| Decisions | 246 | 285 | 252 | 306 |
| Complaints on decisions | 28 | 23 | 38 | 43 |
| Reversed decisions | 6 | |||
| Cases sent to the Privacy Appeal Board | 17 | 16 | 22 | 26 |
| Sanctions | 14 | 10 | 13 | 26 |
Decisions and fines
Central decisions from 2015 (ongoing) are available on this page. Decisions made as per the GDPR are summarized on the GDPRhub here.
Annual Reports
The DPA's annual reports from 2009 (ongoing) are available on this page.
References
| EU/EEA/UK Data Protection Authorities | |
|---|---|
| Austria · Belgium · Bulgaria · Croatia · Cyprus · Czech Republic · Denmark · Estonia · Finland (Åland) · France · Germany (Baden-Württemberg · Bavaria, private sector · Bavaria, public sector · Berlin · Brandenburg · Bremen · Hamburg · Hesse · Lower Saxony · Mecklenburg-Vorpommern · North Rhine-Westphalia · Rhineland-Palatinate · Saarland · Saxony · Saxony-Anhalt · Schleswig-Holstein · Thuringia ) · Greece · Hungary · Ireland · Italy · Latvia · Lithuania · Luxembourg · Malta · Netherlands · Poland · Portugal · Romania · Slovakia · Slovenia · Spain (Basque Country · Catalonia · Andalusia)· Sweden | |
| Iceland · Liechtenstein · Norway · United Kingdom | EDPS · EDPB |
