regulations may be prescribed to limit the disadvantages that processing otherwise may
entail for the data subject.
Section 32 Content of the notification
The notification shall provide information regarding
a)
the name and address of the controller and his representative and processor, if
any,
b)
when the processing will begin,
c)
who has the day-to-day responsibility for fulfilling the obligations of the
controller,
d)
the purpose of the processing,
e)
an overview of the categories of personal data that are to be processed,
f)
the sources of the personal data,
g)
the legal basis for collecting the data,
h)
the persons to whom the personal data will be disclosed, including recipients in
other countries, if any, and
i)
the security measures relating to the processing.
The King may prescribe regulations regarding the data which notifications shall
contain and the implementation of the obligation to give notification.
Section 33 Obligation to obtain a licence
A licence from the Data Inspectorate is required for the processing of sensitive
personal data. This does not apply, however, to the processing of sensitive personal data
which have been volunteered by the data subject.
The Data Inspectorate may decide that the processing of data other than sensitive
personal data shall also be subject to licensing, if such processing otherwise will clearly
violate weighty interests relating to protection of privacy. In assessing whether a licence
is necessary, the Data Inspectorate shall, inter alia take account of the nature and
quantity of the personal data and the purpose of the processing.
The controller may demand that the Data Inspectorate decide whether processing
will be subject to licensing.
The obligation to obtain a licence pursuant to the first and second paragraphs
shall not apply to the processing of personal data in central government or municipal
bodies when such processing is authorized by special statute.
The King may prescribe regulations to the effect that certain processing methods
are not subject to licensing pursuant to the first paragraph. As regards processing
methods which are exempt from licensing, regulations may be prescribed to limit the
disadvantages which processing may otherwise entail for the data subject.
Section 34 Decision as to whether to grant a licence
When deciding whether to grant a licence, it shall be clarified whether the
processing of personal data may cause disadvantages for an individual which are not
remedied by the provisions of Chapters II-V and conditions pursuant to section 35. In
such case, an assessment must be made as to whether the disadvantages are offset by
considerations that favour the processing.
Section 35 Conditions laid down in the licence
In the licence, an assessment shall be made as to whether to lay down conditions
for processing when such conditions are necessary to limit the disadvantages the
processing would otherwise entail for the data subject.