A’ 137/29.08.2019
3389
GOVERNMENT GAZETTE
2. The grounds for refusing to provide information to the
data subject should be documented. Refusal to provide
information should be justified to the data subject unless
the disclosure of the factual or legal reasons on which the
refusal is based would compromise the purpose pursued
by the refusal to provide information. Data stored for the
purpose of providing information to the data subject and
for the preparation of such provision may be processed
solely for that purpose and for purposes of data protection;
the processing for other purposes shall be limited in
accordance with Article 18 of the GDPR.
3. The right of access by the data subject to personal
data that are neither subject to automated nor to nonautomated processing by a public authority, and stored in
a filing system, shall only apply if the data subject provides
information allowing the retrieval of data and the effort
required to provide the information is not disproportionate
to the interest of the data subject in being informed.
4. The data subject's right to be informed under Article 15
of the GDPR shall not apply to the extent that the provision
of information would entail the disclosure of information
which, according to the law or by reason of its nature, in
particular due to overriding legitimate interests of third
parties, should remain confidential.
5. The obligation to notify under Article 34 of the GDPR,
with the exception of the exemption referred to in Article
34(3) of the GDPR, shall not apply to the extent that the
obligation to notify would entail the disclosure of information
which, according to the law or by reason of its nature, in
particular due to overriding legitimate interests of third
parties, should remain confidential. By way of derogation
from the previous subparagraph, the data subject must
be informed, in accordance with Article 34 of the GDPR,
where his or her interests, in particular taking into account
imminent damage, override the interest relating to
maintaining confidentiality.
Article 34
Right to erasure
1. If, in the case of non-automated processing, erasure
is not possible due to the particular nature of storage or is
only possible with disproportionate effort, and the interest
of the data subject in erasure is not considered significant,
the data subject’s right and the controller’s obligation
to erase personal data in accordance with Article 17(1)
of the GDPR, shall not apply, with the exception of the
exemptions referred to in Article 17(3) of the GDPR. In this
case, erasure shall be replaced by restriction of processing
in accordance with Article 18 of the GDPR. The above
subparagraphs shall not apply if the personal data have
been unlawfully processed.
2. In addition to points (b) and (c) of Article 18(1) of the
GDPR, the first and second subparagraphs of the previous
paragraph shall apply accordingly in the case of points (a)
and (d) of Article 17(1) of the GDPR, to the extent that the
controller has reason to believe that the erasure would be
prejudicial to the legitimate interests of the data subject.
The controller shall inform the data subject of the restriction
of processing where such information is not impossible or
does not involve a disproportionate effort.
3. In addition to point (b) of Article 17(3) of the GDPR,
paragraph 1 shall apply accordingly in the case of point (a)
of Article 17(1) of the GDPR, if erasure would be in conflict
with statutory or contractual retention periods.
Article 35
Right to object
The right to object under Article 21(1) of the GDPR shall
not be applicable where a public body is concerned, if there
is a compelling public interest in the processing which
overrides the interests of the data subject or if processing
is mandatory by law.
Article 36
Ensuring the processing of personal data for
national security purposes
The processing of personal data of the National
Intelligence Service (NIS) staff conducted by public and
private bodies in the context of their tasks or responsibilities
shall be performed by specifically authorised officers,
whose names shall be communicated to the NIS.
Any further transmission of the above personal data shall
only be conducted upon approval of the NIS.
Article 37
Accreditation
certification
of
certification
bodies
and
1. The accreditation of bodies which issue certifications
under Article 42 of the GDPR shall be carried out by the
National Accreditation System (ESYD) in accordance
with EN-ISO/IEC17065:2012 and additional requirements
established by the Authority.
2. The ESYD shall revoke an accreditation if notified by
the Authority that the requirements for accreditation are no
longer met or the certification body infringes the GDPR and
the provisions hereof.
Article 38
Criminal penalties
1. Anyone who, without legal grounds: (a) interferes
in any way with a data filing system and in so doing is
made aware of such data; (b) copies, removes, alters,
harms, collects, registers, organises, structures, stores,
adapts, modifies, recovers, seeks information, correlates,
combines, restricts, erases, destroys, shall be punished
with imprisonment of up to one (1) year, unless the act
is punishable with a more severe penalty under another
provision.
2. Anyone who uses, transmits, disseminates, discloses
by transmission, makes available, announces or makes
accessible to unauthorised persons personal data acquired
pursuant to indent (a) of paragraph 1, or allows unauthorised
persons to become aware of such data, shall be punished
with imprisonment, unless the act is punishable with a more
severe penalty under another provision.
3. If the act referred to in paragraph 2 relates to special
categories of personal data referred to in Article 9(1) of the
GDPR or data relating to criminal convictions and offences
or relevant security measures referred to in Article 10 of the
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