Directorate of Norwegian Correctional Service – Violation Found (Norway, 2022)

In December 2020, the Norwegian DPA initiated an audit of the Directorate of Norwegian Correctional Service (DCS, the controller) regarding their processing of personal data. The DPA first requested an overview of such processing (equivalent to Article 30 GDPR) for purposes related to the Norwegian Execution of Sentences Act, details about the controller, the various processing activities in the correctional services, as well as a description of the roles and responsibilities internally. This lead to a first decision issued in August 2021. As a second step of the audit, the DPA notified the controller in November 2021 about forthcoming physical inspections at various sites. The inspections were conducted on the basis of § 20 of the Norwegian Personal Data Act of 2018 (which also implements the GDPR in Norway) for their responsibilities as controller and internal controls for managing privacy and personal data protection in the organization. During the audit, the controller created an instruction which placed the controller responsibilities for the whole organization, including underlying agencies, with them (the Directorate). However, after the DPA conducted inspections with the underlying agencies, they concluded that the instruction was not fully implemented everywhere. Further, the DPA noted that the internal control system was insufficient and outdated, especially since the controller evidently registers few violations of routines and regulations, likely as a result of lack of training and lack of a personal data security culture in the organization. The DPA also stated that complex and confusing regulations might have lead to the lack of compliance. The Norwegian Personal Data Act of 2018 and the GDPR do not apply to the processing of personal data related to sentencing, so the legislator continued the Norwegian Personal Data Act of 2000, with corresponding regulations. The legislator announced in 2018 a new law for the processing of inmates' personal data related to sentencing. The DPA held that controller must sort out and document the responsibilities related to their role as controller, as well as review and update the internal control system for managing privacy and personal data protection in the organisation. The controller must comply with the order within six months. If they fail to do so (with the deadline set to 9 April 2023), the DPA will consider a daily penalty until the order has been complied with in full.