Section 27 Rectification of deficient personal data
If personal data which are inaccurate or incomplete or of which processing is not
authorized, the controller shall on his own initiative or at the request of the data subject
rectify the deficient data. The controller shall if possible ensure that the error does not
have an effect on the data subject, for instance by notifying recipients of disclosed data.
The rectification of inaccurate or incomplete personal data which may be of
significance as documentation shall be effected by marking the data clearly and
supplementing them with accurate data.
If weighty considerations relating to protection of privacy so warrant, the Data
Inspectorate may, notwithstanding the second paragraph, decide that rectification shall
be effected by erasing or blocking the deficient personal data. If the data may not be
destroyed pursuant to the Archives Act, the Director General of the National Archives
of Norway shall be consulted prior to making an administrative decision regarding
erasure. This decision shall take precedence over the provisions of sections 9 and 18 of
the Archives Act of 4 December 1992 No. 126.
Erasure should be supplemented by the recording of accurate and complete data.
If this is impossible, and the document which contained the erased data therefore
provides a clearly misleading picture, the entire document shall be erased.
The King may prescribe regulations containing supplementary provisions as
regards how to effect rectification.
Section 28 Prohibition against storing unnecessary personal data
The controller shall not store personal data longer than is necessary to carry out
the purpose of the processing. If the personal data shall not thereafter be stored in
pursuance of the Archives Act or other legislation, they shall be erased.
The controller may, notwithstanding the first paragraph, store personal data for
historical, statistical or scientific purposes, if the public interest in the data being stored
clearly exceeds the disadvantages this may entail for the person concerned. In this case,
the controller shall ensure that the data are not stored in ways which make it possible to
identify the data subject longer than necessary.
The data subject may demand that data which are strongly disadvantageous to
him or her shall be blocked or erased if this
a)
is not contrary to another statute, and
b)
is justifiable on the basis of an overall assessment of, inter alia the needs of
other persons for documentation, the interests of the data subject, cultural
historical interests and the resources required to carry out the demand.
After the Director General of the National Archives of Norway has been
consulted, the Data Inspectorate may decide that the right to erase data pursuant to the
third paragraph shall take precedence over the provisions of sections 9 and 18 of the
Archives Act of 4 December 1992 No. 126.
If the document which contained the erased data gives a clearly misleading
picture after the erasure, the entire document shall be erased.
Chapter V Transfer of personal data to other countries
Section 29 Basic conditions
Personal data may only be transferred to countries which ensure an adequate
level of protection of the data. Countries which have implemented Directive 95/46/EC
on the protection of individuals with regard to the processing of personal data and on