CCTV privacy laws in Iceland: what we map and name

Principles relating to processing of personal data. Process personal data lawfully, fairly and in a transparent manner; collect it for specified, explicit and legitimate purposes and do not process it further in a way incompatible with those purposes; keep it adequate, relevant and limited to what the purpose needs; keep it accurate and up to date, erasing or rectifying inaccurate data without delay; keep it in a form permitting identification no longer than the purpose requires; and secure it against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures. The controller is responsible for all six principles and must be able to demonstrate compliance with them.

Lawfulness of processing. Process personal data only where at least one lawful basis applies: the data subject's consent, necessity for a contract with the data subject or pre-contractual steps at their request, compliance with a legal obligation, protection of vital interests, performance of a public interest task or exercise of official authority, or legitimate interests that are not overridden by the data subject's interests, rights and freedoms. Public authorities cannot rely on legitimate interests for processing carried out in performance of their tasks. Where the basis is legal obligation or public task, that basis must be laid down in Union or Member State law and the purpose must be determined in it. Before processing for a purpose other than the one collected for, without consent or a legal mandate, assess compatibility against the link between the purposes, the context of collection, the nature of the data, the consequences for the data subject and the safeguards in place.

Processing of special categories of personal data. Do not process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, nor genetic data, biometric data processed to uniquely identify a person, data concerning health, or data concerning a person's sex life or sexual orientation, unless one of the Article 9(2) conditions applies: explicit consent, employment and social security law obligations, vital interests where the data subject cannot consent, the legitimate activities of a not-for-profit body, data manifestly made public by the data subject, legal claims or courts acting judicially, substantial public interest under Union or Member State law, preventive or occupational medicine and health or social care under an obligation of professional secrecy, public health, or archiving, research and statistics under Article 89(1). The condition applies in addition to an Article 6 lawful basis, never in place of it.

Information to be provided where personal data are collected. Where personal data is collected from the data subject, provide at the time it is obtained the identity and contact details of the controller and any representative, the contact details of the data protection officer, the purposes and the legal basis, the legitimate interests where that is the basis, the recipients or categories of recipient, and any intention to transfer to a third country with the existence or absence of an adequacy decision and, for Article 46, 47 or 49(1) transfers, reference to the safeguards and how to obtain a copy. Provide in addition the storage period or the criteria used to determine it, the existence of the rights of access, rectification, erasure, restriction, objection and portability, the right to withdraw consent where consent is the basis, the right to lodge a complaint with a supervisory authority, whether providing the data is a statutory or contractual requirement and the consequences of not providing it, and the existence of automated decision-making including profiling with meaningful information about the logic involved and its significance and envisaged consequences. Before further processing for a new purpose, provide that purpose and the further information first.

Joint controllers. Where two or more controllers jointly determine the purposes and means of processing, determine their respective responsibilities for compliance in a transparent manner by an arrangement between them, unless those responsibilities are already determined by Union or Member State law, covering in particular the exercise of the data subject's rights and each party's duty to provide the Article 13 and 14 information. The arrangement may designate a contact point for data subjects. It must duly reflect the parties' respective roles and relationships towards data subjects, and its essence must be made available to the data subject. Irrespective of the terms of the arrangement, a data subject may exercise their rights in respect of and against each of the controllers.

Processor. Use only processors providing sufficient guarantees to implement appropriate technical and organisational measures such that the processing meets the Regulation's requirements and protects the rights of the data subject. A processor must not engage another processor without the controller's prior specific or general written authorisation, and under a general authorisation must inform the controller of intended additions or replacements so the controller can object. The processing must be governed by a written contract or other legal act binding the processor to the controller, setting out the subject matter and duration, the nature and purpose, the type of personal data, the categories of data subjects and the controller's obligations and rights, and stipulating that the processor processes only on documented controller instructions including as to transfers, ensures persons authorised to process are under a duty of confidentiality, takes all Article 32 measures, respects the sub-processor conditions, assists the controller in responding to data subject rights requests, assists with Articles 32 to 36, deletes or returns all personal data at the controller's choice at the end of the service and deletes existing copies unless law requires retention, and makes available all information needed to demonstrate compliance and allows for and contributes to audits and inspections. The processor must immediately inform the controller if it considers an instruction infringes data protection law. The same obligations must be imposed on any sub-processor, and the initial processor remains fully liable for the sub-processor's performance. A processor that determines purposes and means is a controller for that processing.

Records of processing activities. Maintain a written, including electronic, record of processing activities under the controller's responsibility containing the name and contact details of the controller, any joint controller, the representative and the data protection officer, the purposes of the processing, a description of the categories of data subjects and of personal data, the categories of recipients including those in third countries and international organisations, any transfers to a third country or international organisation with that destination identified and, for transfers under the second subparagraph of Article 49(1), the documentation of suitable safeguards, the envisaged time limits for erasure of each category where possible, and a general description of the Article 32(1) technical and organisational security measures where possible. A processor must maintain an equivalent record of the categories of processing carried out on behalf of each controller. Make the record available to the supervisory authority on request. The obligation does not apply to an organisation employing fewer than 250 persons unless the processing is likely to result in a risk to the rights and freedoms of data subjects, is not occasional, or includes special category or criminal offence data.

Security of processing. Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing, and the risk of varying likelihood and severity for the rights and freedoms of natural persons. Those measures include, as appropriate, the pseudonymisation and encryption of personal data, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, the ability to restore the availability of and access to personal data in a timely manner after a physical or technical incident, and a process for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures. Assess the appropriate level of security against the risks presented by the processing, in particular accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed. Take steps to ensure that any person acting under the controller's or processor's authority who has access to personal data processes it only on instructions.

Data protection impact assessment. Where a type of processing, in particular using new technologies and taking account of the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data before the processing begins; a single assessment may address a set of similar operations presenting similar risks. An assessment is required in particular for systematic and extensive evaluation of personal aspects based on automated processing, including profiling, on which decisions producing legal or similarly significant effects are based, for large scale processing of special category or criminal offence data, and for systematic monitoring of a publicly accessible area on a large scale. Seek the advice of the data protection officer where one is designated, and where appropriate seek the views of data subjects or their representatives. The assessment must contain at least a systematic description of the envisaged operations and purposes including any legitimate interest pursued, an assessment of the necessity and proportionality of the operations in relation to the purposes, an assessment of the risks to the rights and freedoms of data subjects, and the measures envisaged to address those risks including safeguards, security measures and mechanisms to protect personal data and demonstrate compliance. Carry out a review where necessary and at least when the risk represented by the processing operations changes.

General principle for transfers. Transfer personal data undergoing processing, or intended for processing after transfer, to a third country or an international organisation only where the conditions laid down in Chapter V are complied with by the controller and the processor, including for onward transfers from that third country or international organisation to another third country or international organisation. Apply all the provisions of Chapter V so that the level of protection of natural persons guaranteed by the Regulation is not undermined.

Transfers on the basis of an adequacy decision. Personal data may be transferred to a third country, a territory, one or more specified sectors within a third country, or an international organisation where the Commission has decided that it ensures an adequate level of protection, and such a transfer requires no specific authorisation. Adequacy decisions carry a defined territorial and sectoral scope, provide for periodic review at least every four years, and may be repealed, amended or suspended by the Commission. Relying on adequacy therefore requires confirming that the specific recipient and data fall inside the scope of a decision that is in force at the time of the transfer, and monitoring for amendment, suspension or repeal of that decision.

Transfers subject to appropriate safeguards. In the absence of an adequacy decision, transfer personal data to a third country or an international organisation only where the controller or processor has provided appropriate safeguards and on condition that enforceable data subject rights and effective legal remedies are available. Safeguards requiring no specific authorisation are a legally binding and enforceable instrument between public authorities or bodies, binding corporate rules under Article 47, standard data protection clauses adopted by the Commission, standard clauses adopted by a supervisory authority and approved by the Commission, an approved code of conduct together with binding and enforceable commitments from the recipient to apply the safeguards including as to data subject rights, or an approved certification mechanism with the same commitments. Subject to authorisation from the competent supervisory authority, safeguards may also be provided by contractual clauses between the parties or by provisions inserted into administrative arrangements between public authorities that include enforceable and effective data subject rights.