A’ 137/29.08.2019
GOVERNMENT GAZETTE
Article 50
Processing under the authority of the controller
(Article 23 of the Directive)
Any person acting under the authority of the controller
or the processor, who has access to personal data, shall
process such data on instructions from the controller,
unless provided otherwise by law.
Article 51
Confidentiality
All persons employed in the processing of personal
data shall process such data upon authorisation and
shall be obliged, when taking up their duties, to maintain
confidentiality. The obligation of confidentiality continues
even after the termination of their employment.
Article 52
Automated individual decision-making
(Article 11 of the Directive)
1. A decision based solely on automated processing,
which produces an adverse legal effect concerning the data
subject or significantly affects him or her shall be permitted
only if provided for by law.
2. Decisions referred to in the previous paragraph shall
not apply to special categories of personal data, unless
appropriate measures to safeguard the data subject’s
legitimate interests are in place.
3. Profiling that results in discrimination against natural
persons on the basis of special categories of personal data
shall be prohibited.
SECTION III
RIGHTS OF THE DATA SUBJECT
Article 53
General information on data processing
(Articles 12 and 13 of the Directive)
The controller shall provide general and easily accessible
information to the public in plain and intelligible language
through the website of the public authority with regard to:
(a) the purposes of processing,
(b) the right of the data subject to request from the
controller access to, rectification, erasure or restriction of
processing,
(c) the identity and the contact details of the controller
and the DPO,
(d) the right to lodge a complaint with the Authority, and
(e) the contact details of the Authority.
Article 54
The data subject’s right to be informed
(Article 13 of the Directive)
1. In specific cases, and in particular where the personal
data of the data subject have been collected in secrecy and
in order to enable the exercise of his or her rights, the data
subject should, in addition to the information referred to in
the previous Article, be informed, at least, of:
(a) the legal basis for the processing;
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(b) the period for which the personal data will be stored,
or, where that is not possible, the criteria used to determine
that period;
(c) where applicable, the recipients of the personal data;
(d) where necessary, further information, in particular
where the personal data are collected without the
knowledge of the data subject.
2. In the cases referred to in the previous paragraph,
the controller may delay, restrict or omit the provision of
information to the data subject, if necessary, in order to:
(a) enable the competent authorities to perform their
duties, as described in Article 43,
(b) ensure national security or public security, or
(c) protect the legitimate interests of third parties, which
would otherwise be threatened, if the interest in avoiding
these threats overrides the interest of the data subject in
being informed.
3. The provisions of paragraph 7 of the following Article
shall also apply to the restrictions of the previous paragraph.
Article 55
Right of access
(Articles 14 and 15 of the Directive)
1. The controller shall, at the data subject’s request,
inform the data subject of the processing of personal
data relating to him or her. The data subject shall also be
informed of:
(a) the personal data to be processed and the categories
to which they belong;
(b) any available information on the data origin;
(c) the purposes and legal basis for the processing;
(d) the recipients or categories of recipients to whom the
data have been disclosed, in particular recipients in third
countries or international organisations;
(e) the period for which the personal data will be stored,
or, where that is not possible, the criteria used to determine
that period;
(f) the possibility of exercising the right to rectification or
erasure or restriction of the processing of personal data;
(g) the right to lodge a complaint with the Authority,
pursuant to Article 58; and
(h) the contact details of the Authority.
2. The previous paragraph shall not apply to personal
data which are processed only because they cannot be
erased due to legal requirements for retention or for the sole
purpose of data security or data protection audits, where the
provision of information involves a disproportionate effort
and the processing for other purposes through appropriate
technical and organisational measures is excluded.
3. No information shall be provided if the data subject
does not provide any information enabling his or her
personal data to be found and, therefore, the effort involved
is disproportionate to the interest of the data subject in
being informed.
4. In the cases referred to in paragraph 2 of the previous
Article, the controller may refuse to provide information in
accordance with the first subparagraph of paragraph 1 or
to restrict, in whole or in part, the provision of information in
accordance with the second subparagraph of paragraph 1.
5. The data subject shall not be notified of the identity of
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