A’ 137/29.08.2019
GOVERNMENT GAZETTE
data that have been transmitted by or to the controller
of another Member State, the information referred to in
paragraph 3 shall be communicated to the controller of that
Member State without delay.
7. Further obligations of the controller regarding the
notification of personal data breaches shall remain
unaffected.
Article 64
Communication of a personal data breach to the
data subject
(Article 31 of the Directive)
1. Where the personal data breach is likely to result in
a significant risk to the protected legitimate interests of
a natural person, the controller shall communicate the
personal data breach to the data subject without delay.
2. When notifying the data subject in accordance with
paragraph 1, the nature of the personal data breach shall
be described in clear and plain language and the content of
points (b), (c) and (d) of paragraph 3 of the previous Article
shall be at least indicated.
3. A communication to the data subject shall not be
required if any of the following conditions are met:
(a) the controller has taken appropriate technical and
organisational security measures and has implemented
those measures to the personal data affected by the
personal data breach. This applies in particular to
measures, such as encryption, that render the personal
data unintelligible to any person who is not authorised to
access it;
(b) the controller has taken subsequent measures which
ensure protection against personal data breach; or
(c) disproportionate efforts are required. In such a case,
there shall instead be a public communication or similar
measures whereby the data subjects are informed in an
equally effective manner.
4. If the controller has not informed the data subject
of the personal data breach, the Authority may formally
declare that it considers that the conditions of paragraph
3 are not met. In doing so, it should consider the likelihood
that the damage will result in a significant risk within the
meaning of paragraph 1.
5. The communication to the data subject pursuant to
paragraph 1 may be delayed, restricted or omitted subject
to the conditions laid down in Article 54(2), except where
the interests of the data subject override the significant risk
of the breach within the meaning of paragraph 1.
Article 65
Assessment of the impact of processing on the
protection of personal data
(Article 27 of the Directive)
1. If a form of processing, in particular where using new
technologies, is likely to result in a significant risk to the
protected legitimate interests of the data subjects due to the
nature, scope, conditions and purposes of the processing,
the controller shall first carry out an assessment of the
impact of the envisaged processing for the data subjects.
2. To investigate such processing operations with similar
potential for significant risk, a data protection impact
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assessment may be carried out jointly.
3.
The impact assessment shall take into account
the rights of the data subject which are affected by the
processing and must contain at least the following:
(a) a systematic description of the envisaged operations
and purposes of the processing;
(b) an assessment of the necessity and proportionality
of the processing operations in relation to the intended
purposes;
(c) an assessment of the risks to the protected legitimate
interests of the data subject; and
d) the measures to be taken to address the existing risks,
including safeguards, security measures and procedures to
ensure the protection of personal data and to demonstrate
compliance with legal requirements.
4. Where necessary, the controller shall check whether
the processing complies with the requirements of the
impact assessment.
Article 66
Cooperation with the Authority
(Article 26 of the Directive)
The controller and processor shall cooperate with the
Authority in the performance of its tasks.
Article 67
Prior consultation of the Authority
(Article 28 of the Directive)
1. The controller shall consult the Authority prior to
processing personal data which will form part of a new filing
system to be created, where:
(a) a data protection impact assessment as provided
for in Article 65 indicates that the processing would result
in a significant risk to the protected legitimate interests of
the data subject in the absence of measures taken by the
controller to mitigate the risk; or
(b) the type of processing, in particular due to the use of
new technologies, mechanisms or procedures, involves a
significant risk to the protected legitimate interests of the
data subject.
2. During the preparation of draft laws or regulations
relating to the processing of personal data by competent
authorities for the purposes of Article 43 or linked to the
processing, the Authority shall be consulted in a timely
manner.
3. The Authority may establish a list of the processing
operations which are subject to prior consultation pursuant
to paragraph 1. The Authority shall communicate this list to
the controller.
4. During prior consultation, the Authority shall be
provided with:
(a) a data protection impact assessment carried out in
accordance with Article 65;
(b) where applicable, information about the responsibilities
of the controller, joint controllers and processors involved;
(c) information about the purposes and means of the
intended processing;
(d) information about the measures and safeguards
provided to protect the legitimate interests of the data
subjects; and
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