A’ 137/29.08.2019
GOVERNMENT GAZETTE
Article 58
Right to lodge a complaint with the Authority
(Article 17 of the Directive)
1. The data subject shall have the right to lodge a
complaint with the Authority, if the data subject considers
that the processing of personal data relating to him or
her by public authorities for the purposes referred to in
Article 43 infringes his or her rights. This shall not apply
to the processing of personal data by the judicial and
prosecutorial authorities when processing such data acting
in their judicial capacity. The Authority shall inform the data
subject of the progress and the outcome of the complaint
and of the possibility of bringing an action for annulment
before the Council of State against the decision on his or
her complaint, in accordance with Article 20.
2. Where a complaint relating to processing is lodged with
the Authority instead of the competent supervisory authority
of another Member State of the European Union, the
Authority should transmit without delay to the supervisory
authority of the other Member State of the European
Union the complaint falling within its competence. In such
a case, the Authority shall inform the data subject of the
transmission of his or her complaint and provide him or her
with any assistance upon his or her request.
Article 59
Rights of the data subject in criminal investigations
and proceedings
(Article 18 of the Directive)
In the context of criminal investigations and proceedings,
the right to be informed of the processing, to access,
rectification or erasure and restriction of personal data, in
accordance with the provisions of Articles 54 to 56, shall be
exercised in accordance with the provisions of the Code of
Criminal Procedure, specific procedural provisions and the
Code of court organisation and status of judicial officials, as
applicable each time.
SECTION IV
OBLIGATIONS
OF
CONTROLLERS
PROCESSORS
AND
Article 60
Processor
(Articles 22 and 23 of the Directive)
1. Where processing is carried out on behalf of a
controller, the controller shall ensure compliance with the
obligations arising from this Law and other provisions
relating to the protection of personal data. The right of the
data subject to be informed, to rectification, erasure and
restriction of the processing of personal data, as well as the
right to compensation in this case shall be exercised vis-àvis the controller.
2. The controller shall be allowed to assign the processing
of personal data only to processors who ensure that, by
implementing appropriate technical and organisational
measures, processing is carried out in accordance with the
law and that the protection of the rights of the data subject
is guaranteed.
3395
3. The carrying out of processing by a processor should
be governed by a contract or other legal act binding the
processor to the controller and that sets out the subject
matter, duration, nature and purpose of the processing, the
categories of data subjects and the rights and obligations of
the controller. That contract or other legal act shall stipulate,
in particular, that the processor:
(a) acts only on instructions from the controller; where the
processor is of the opinion that an instruction is unlawful,
the processor should inform the controller without delay;
(b) guarantees that persons authorised to process the
personal data have pledged themselves to confidentiality to
the extent that they are not under a valid statutory obligation
of confidentiality;
(c) assists the controller by any appropriate means to
safeguard the data subject's rights;
(d) at the controller’s discretion, returns or deletes all
the personal data after the end of the provision of data
processing services, and deletes existing copies, unless
there is a legal obligation to store the data;
(e) provides to the controller all information necessary
to demonstrate compliance with his or her obligations, in
particular logs created in accordance with Article 74;
(f) allows audits to be carried out by the controller or the
auditor authorised by the controller, and contributes to such
audits;
(g) takes all necessary measures in accordance with
Article 62;
(h) taking into account the nature of the processing and
the information available, assists the controller to ensure
compliance with the obligations laid down in Articles 62 to
65 and 67.
4. In the event that the processor engages another
processor, the processor should impose the same
obligations laid down in the contract with the controller, in
accordance with paragraph 3, which also applies to the
processor, unless these obligations are already binding on
the other processor under other provisions.
5. The processor may engage another processor
only with prior written authorisation from the controller.
Where the controller has given general authorisation to
the processor for the participation of another processor,
the processor shall inform the controller of any intended
changes concerning the addition or replacement of other
processors, thereby giving the controller the opportunity to
object to such changes.
6. The contract referred to in paragraph 3 shall be in
writing or in electronic form.
7. A processor who determines, in infringement of this
Article, the purposes and means of processing shall be
considered to be a controller.
Article 61
Joint controllers
(Article 21 of the Directive)
1. Where two or more controllers jointly determine the
purposes and means of processing, they shall be joint
controllers. The duties and responsibilities of each joint
controller shall be determined in a transparent manner,
by means of a written arrangement, to the extent that their
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