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Someone born in a non-EU country has acquired through inheritance European Union citizenship. They are now living in the EU as an EU citizen while still holding the previous citizenship .

It is common practice in their country of birth that the rule of law is not applied consistently.

Can the government of the country of birth legally access this person's personal information while they are living in the EU? Examples are health care records, internet activity and location data.

  • Welcome to Law.Stackexchange. Your question is quite specific and comes across as seeking legal advice, which is off-topic here. I have tried to re-frame it in more general terms. You should seek proper legal advice about your situation. – eleventyone Aug 17 at 15:43
  • In English, capital letters are only used at the start of sentences and proper nouns. Capitalising random words just makes your post harder to read. – Studoku Aug 17 at 15:45
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Can the government of the country of birth legally access this person's personal information while they are living in the EU? Examples are health care records, internet activity and location data.

It depends on the location of the information and on the circumstances under which the country of birth seeks access to the information. Anything located in that country falls under the country's own laws, so EU law is not likely to be relevant.

Anything located in the EU would nominally be subject to EU law, but governments are generally held to different standards than private actors. For example, one of the lawful bases for processing in the GDPR is "compliance with a legal obligation." That includes obligations that arise under foreign law, such as the law of the country of birth.

So, depending on the circumstances, the answer to the question could be "yes" or "no," even for personal information that is and always has been present only within the European Union.

Two notes: First, the GDPR does not operate based on citizenship. It applies equally to a dual citizen residing in the EU and to a third-country national residing in the EU. Second, one commonly cited principle of dual citizenship is that the dual citizen generally has all the rights and obligations of a single citizen under the laws of each country.

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  • Regarding legal obligations: this applies when the data controller is under some legal obligation. GDPR Recital 45 explains that this legal obligation must come from Union or Member State law. GDPR Art 48 considers international transfers ordered by third country courts or authorities. These shall only be fulfilled if there's an international agreement such as a mutual assistance treaty. Thus, some rando country asking EU data controllers for data on dissidents or expats can pound sand: the controller can't fulfill the request even if they wanted to. – amon Aug 17 at 19:32

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