3394
GOVERNMENT GAZETTE
the natural persons from whom the personal data originate,
where such information is likely to endanger his or her life
or physical integrity and fundamental freedoms, as well as
in the case of protected witnesses or informants.
6. The controller shall inform the data subject in writing,
without delay, of his or her decision to refuse or restrict
access. The above notification obligation of the controller
shall not apply where the provision of such information
gives rise to a risk in accordance with paragraph 2 of the
previous Article. The above notification shall include the
factual or legal reasons on which the refusal or restriction
is based, unless such justification would compromise the
intended purpose of the refusal or restriction of access.
7. In case of refusal or restriction of access, the data
subject, pursuant to the previous paragraph, shall be
informed of the possibility of exercising the right of access
through the Authority, and, in particular, the possibility of
lodging a complaint with the Authority under Article 58, and
of bringing an action for annulment against the Authority’s
negative decision before the Council of State. The decision
of the controller shall be transmitted to the Authority, unless
the controller invokes national security concerns. In the
case of a complaint lodged with the Authority, the latter
shall investigate whether the conditions necessary for the
restriction of the right are met and shall inform the subject
at least that all necessary verifications or reviews have
been carried out by the Authority, as well as whether the
provisions on the protection of personal data have been
infringed.
8. The controller shall document the factual or legal
reasons on which the decision is based.
Article 56
Right to rectification or erasure of personal data
and restriction of processing
(Article 16 of the Directive)
1. The data subject shall have the right to obtain from
the controller without delay the rectification of inaccurate
personal data relating to him or her. In particular, in the
case of statements or decisions, the question of accuracy
is irrelevant to the content of the statement or decision.
If the accuracy or inaccuracy of personal data cannot be
ascertained, the controller shall restrict the processing
instead of deleting the data. In such a case, the controller
shall inform the data subject before resuming the restriction.
The data subject may also request to have incomplete
personal data completed, where this is reasonable, taking
into account the purposes of the processing.
2. The data subject shall have the right to obtain from
the controller the erasure of personal data concerning him
or her without delay, where the processing of such data
infringes the provisions of this Chapter, the knowledge of
those data is no longer necessary for the performance of
tasks or those data must be erased, so as to allow the
controller to fulfil a legal obligation.
3. Instead of erasing personal data, the controller shall
restrict the processing, where:
(a) there is reason to assume that the erasure would
compromise the legitimate interests of the data subject,
(b) the personal data are to be kept, provided they serve
A’ 137/29.08.2019
as evidence for the purposes of Article 43, or
(c) erasure would be impossible or would involve a
disproportionate effort due to the special storage mode.
Personal data subject to restricted processing, in
accordance with the above, may be processed only for the
purpose preventing their erasure.
4.
In automated filing systems, technical measures
should ensure that the restriction of processing is easily
visible and that processing for other purposes is not
possible without further examination.
5.
Where the controller has rectified inaccurate
personal data, he or she shall notify the rectification to
the body from which the controller obtained the data. In
case of rectification, erasure or restriction of processing
in accordance with paragraphs 1 to 3, the controller shall
inform the recipients to whom the personal data have been
transmitted of those measures. The recipient shall rectify or
erase the personal data or restrict their processing.
6. The controller shall inform the data subject in writing
of any refusal of rectification or erasure of personal data or
restriction of their processing. This shall not apply where
the provision of such information gives rise to a risk in
accordance with Article 54(2). The information referred to
in the previous subparagraph shall include the reasons
for such refusal, unless such reasons compromise the
intended purpose of the refusal.
7. In other respects, paragraphs 7 and 8 of the previous
Article shall apply accordingly.
Article 57
Modalities for exercising the rights of the data
subject
(Article 12 of the Directive)
1. The controller shall communicate with the data subject
in a concise, intelligible and easily accessible form, using
clear and plain language, in particular when addressing
minors. The information shall be provided without prejudice
to specific provisions by any appropriate means, including
by electronic means. The controller should provide the
information in the same form as the request.
2. Without prejudice to Article 55(5) and Article 56(6), the
controller shall without delay inform the data subject of the
status of his or her request.
3. The information provided in accordance with
Article 53, any communication made in accordance with
Articles 54 and 64, as well as the requests processed in
accordance with Articles 55 and 56, shall not be subject to a
fee. Where a request in accordance with Articles 55 and 56
is manifestly unfounded or is being abused, the controller
may charge a reasonable fee based on administrative
costs or may refuse to act on the request. In this case,
the controller must be able to demonstrate the manifestly
unfounded or excessive character of the request.
4. Where the controller has reasonable doubts
concerning the identity of the data subject making the
request referred to in Articles 55 and 56, the controller may
request the provision of additional information necessary to
confirm the identity of the data subject.
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