deCode Genetics – No Violation (Iceland, 2022)

No Violation
Persónuvernd8 September 2022Iceland
final
No Violation

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

The Icelandic DPA found no violation by deCode Genetics in a case involving the processing of genetic data from Denmark. The complaint alleged unauthorized data processing, but the DPA concluded that the Danish DPA should handle the matter. This decision underscores the importance of jurisdiction in cross-border data protection issues.

What happened

deCode Genetics was accused of processing genetic data from Denmark without proper authorization.

Who was affected

A Danish data subject whose genetic data was processed by deCode Genetics in Iceland.

What the authority found

The Icelandic DPA found no violation and determined that the Danish DPA should address the issue.

Why this matters

This case highlights the complexities of jurisdiction in international data processing and the importance of involving the appropriate national authorities. Companies engaged in cross-border data activities should be aware of which country's laws apply.

GDPR Articles Cited

Art. 4 GDPR
Art. 28 GDPR
Full Legal Summary
Detailed

On 12 December 2020, the Icelandic DPA received a complaint from a Danish organization "Patientforeningen," representing a data subject. The complaint concerned a letter from the Danish Biobank addressed at the data subject, which stated that the body tissues collected from the data subject were sent to deCode Genetics in Iceland to be processed and stored by deCode Genetics. The complaint pointed out that according to the website of the research project, the Capital Region of Denmark is the controller and deCode Genetics is the processor of the processing. The complaint contended the following: 1. The processing of personal data in Iceland is without authorization. 2. The personal data in question is outside the scope of data protection impact assessment (DPIA) carried out in Denmark. Moreover, it is unclear whether deCode Genetics carried out any DPIA. 3. The genetic information is processed without the permission of the Central Scientific Ethics Committee in Iceland. 4. The processing of genetic data is done without permission from the Icelandic DPA. The complaint claimed that although the agreement between Danish Biobank and deCode Genetics stated deCode Genetics to be the processor, it was in fact acting as a controller and thus had to be responsible for the obligations of a controller. This claim was on the basis that the articles published regarding the research identified individuals from deCode Genetics as first and last authors. Usually in the scientific community, the first author is the real contributor, and hence the main decision authority. In reply, deCode Genetics claimed that it is the Danish DPA which has the jurisdiction since the data subject is Danish and the data is primarily registered and stored in Denmark. deCode Genetics submitted that the Danish DPA was already looking into similar cases and hence is the most appropriate authority. deCode Genetics cited its other collaborative research projects and claimed that it was recognized as a

Outcome

No Violation

The DPA investigated and found no violation.

Related Enforcement Actions (0)

No other enforcement actions found for deCode Genetics in IS

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

8 September 2022

Authority

Persónuvernd

GDPRhub ID

gdprhub-5282

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. deCode Genetics - Iceland (2022). Retrieved from cookiefines.eu

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