A’ 137/29.08.2019
GOVERNMENT GAZETTE
(a) to (d).
Article 71
Distinction between personal data and verification
of their identity
(Αrticle 7 of the Directive)
During processing, the controller shall distinguish, as far
as possible, personal data based on facts from personal
data based on personal assessments. To this end, the
controller shall specify the evaluations based on personal
assessments as such, insofar as it is feasible, in the context
of such processing. It should also be possible to determine
which public authority maintains the records on which the
evaluation upon personal assessment is based.
Article 72
Transmission procedure
(Articles 7 and 9 of the Directive)
1. The controller shall take appropriate measures to
ensure that personal data which are inaccurate or no longer
up to date are not transmitted or otherwise made available.
To that end, the controller shall, as far as possible, verify the
quality of personal data before they are transmitted or made
available, making a reasonable effort. The controller should
also, as far as possible and reasonable, in all transmissions
of personal data include necessary information enabling the
recipient to assess the degree of accuracy, completeness
and reliability of personal data, and the extent to which they
are up to date.
2. Where the processing of personal data is subject
to specific conditions as to the transmission of data, the
transmitting authority shall inform the recipient of those
conditions and the requirement to comply with them. The
obligation to provide information may be fulfilled by marking
the data accordingly.
3. The transmitting competent authority shall not
apply the conditions set out in the previous paragraph to
recipients in other Member States or to agencies, offices
and bodies established pursuant to Chapters 4 and 5 of
Title V of the TFEU other than those applicable to similar
transmissions of data within the within the Greek territory.
Article 73
Rectification and erasure of personal data and
restriction of processing
(Article 5 of the Directive)
1. The controller shall rectify inaccurate personal data.
2. The controller shall erase personal data without delay,
if the processing is unlawful, and the data must be erased
to comply with a legal obligation or it is no longer necessary
for the controller to be aware of such data to perform his or
her tasks.
3. Paragraphs 3 to 5 of Article 56 shall apply accordingly.
The recipient shall also be informed whether or not
inaccurate personal data have been transmitted or whether
personal data have been transmitted unlawfully.
4. Without prejudice to the maximum time limits for
storage or erasure laid down in legal provisions, the
controller shall provide for the erasure of personal data or
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for a periodic review of the need for storing personal data
and shall ensure compliance with those time limits based
on set procedural regulations.
Article 74
Logging
(Article 25 of the Directive)
1. The controller and the processor shall keep logs in
automated processing systems for at least the following
processing operations:
(a) collection,
(b) alteration,
(c) consultation,
(d) disclosure including transfers;
(e) combination and
(f) erasure.
2. The logs of consultation and disclosure shall make it
possible to establish the justification, date and time of such
operations and, as far as possible, the identification of the
person who consulted or disclosed personal data, and the
identity of the recipients of such personal data.
3. The logs shall be used solely for verification of the
lawfulness of data processing by the Authority and the
data subject, as well as for self-monitoring, ensuring the
integrity and security of the personal data, and for criminal
proceedings.
4. The logs shall be deleted at the end of the year
following the year in which they were created.
5. The controller and processor shall make the logs
available to the Authority on request.
SECTION V
TRANSFERS OF PERSONAL DATA TO
THIRD COUNTRIES OR INTERNATIONAL
ORGANISATIONS
Article 75
General principles for transfers of personal data
(Article 35 of the Directive)
1. Where all the other conditions for transfers of personal
data laid down in this Chapter are met, the transfer of
personal data to the authorities of third countries or
international organisations may take place, where:
(a) the authority or international organisation is competent
for the purposes referred to in Article 43, and
(b) the Commission has adopted a decision ensuring an
adequate level of protection in the third country, a territory
or one or more specified sectors within that third country, or
the international organisation in question, or, in the absence
of such a decision, appropriate safeguards have been
provided or exist pursuant to the following Article or, in the
absence of the above, derogations for specific situations
apply pursuant to Article 77.
2. The transfer of personal data may not take place,
in spite of an adequacy decision in accordance with the
previous paragraph and although this is required by the
public interest, if, in such case, the protection of the data
subject’s fundamental rights and legitimate interests
cannot be ensured when their data are processed by their
recipient. The controller shall assess the level of protection
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