Aside from the exemptions noted in Q7, does national law contain any other restrictions on the rights of data subjects under Chapter III GDPR?

The right to information under Arts. 13-15 GDPR is restricted where:

the information is of importance for Norway’s foreign policy interests or national defence and security interests, as long as the data can be withheld under certain sections of the Norwegian Public Act;

it is necessary to withhold the information for the purposes of prevention, investigation, disclosure and legal prosecution of criminal offences;

disclosure of the information is inadvisable due to the impact on the data subject’s own health or because of the relationship with persons close to the data subject (however, the information may still be disclosed to representatives of the data subject);

the right of information is exempted by law, or any statutory duty of confidentiality applies;

the information is strictly internal (e.g., a public body’s case preparation); or

disclosure would be contrary to obvious and fundamental private or public interests.

The duty to inform the data subject in case of a data breach under Art. 34 GDPR is restricted where:

the information is of importance for Norway’s foreign policy interests or national defence and security interests, as long as the data can be withheld under certain sections of the Norwegian Public Act;

it is necessary to withhold the information for the purposes of prevention, investigation, disclosure and legal prosecution of criminal offences; or

the right of information is exempted in statutory law or any statutory duty of confidentiality applies.

In addition, the Ministry has the right to enact provisions which further restrict the rights of data subjects. No such regulation has been enacted to date. The right to information is also restricted when personal data is processed for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes insofar as providing access would require a disproportional effort or is likely to make impossible or seriously impair the purpose of the processing.

The right to rectification or limitation of the processing is restricted when personal data is processed for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes insofar as this is or is likely to make impossible or seriously impair the purpose of the processing.

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