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Norway · Geography does not establish applicable law.
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Court case 2023-14 (21/01067) – Court Ruling (Norway, 2023)

Court Ruling
DPA PVN7 November 2023Norway
final
Court Ruling

Privacy enforcement record

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A Norwegian data protection authority initially closed a case without investigating a complaint about personal data processing. However, the Privacy Appeals Board ruled that the authority must reassess the case to determine if there was a violation. This decision reinforces the rights of individuals to have their complaints properly examined.

What happened

The Privacy Appeals Board ordered the DPA to reassess a complaint about personal data processing.

Who was affected

A data subject who filed a complaint regarding their personal data processing.

What the authority found

The Board ruled that the DPA must investigate the complaint instead of merely issuing an informational letter.

Why this matters

This case highlights the importance of thorough investigations by data protection authorities. It ensures that individuals' rights are upheld and that complaints are taken seriously.

Recorded legal citations
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Art. 57(1)(f) GDPR
Art. 77(GDPR)

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Decision AuthorityPVN

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Full Legal Summary
Detailed

A data subject lodged a complaint with the Norwegian DPA, who decided to merely inform the controller of their GDPR obligations and closed the case without further investigation. Dissatisfied, the data subject contested the closure. After some back and forth, the DPA revisited but ultimately upheld their initial decision. Consequently, as per national procedures, the case was escalated to the Privacy Appeals Board. They were tasked with determining whether the DPA could close a case by simply issuing an informational letter to the controller, without assessing any GDPR breaches, or if the data subject could require the DPA to examine their case and decide on the legality of their personal data processing. The Privacy Appeals Board overruled the DPA's decision and instructed them to reassess the case. Their reasoning was based on the data subject's right to lodge a complaint as per Article 77 GDPR, in conjunction with Recital 141, and Article 57(1)(f) GDPR. The Board referenced an earlier decision (PVN-2017-09), acknowledging the DPA's discretion in determining the scope of their investigations. However, they emphasised that this discretion does not extend to selectively processing complaints. In instances like this, where facts are clear but legal interpretation is in question, the DPA is obliged to decide on the lawfulness of the processing. The Board believed that failing to do so would conflict with Article 77 GDPR. Consequently, the DPA is required to assess the case and determine whether the controller unlawfully processed the data subject's personal data. If a violation is found, they must then consider the need for corrective actions in line with Article 58(2) GDPR.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case 2023-14 (21/01067) in NO

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

Details

Ruling Date

7 November 2023

Authority

DPA PVN

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case 2023-14 (21/01067) - Norway (2023). Retrieved from cookiefines.eu

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