A’ 137/29.08.2019
GOVERNMENT GAZETTE
Code of Lawyers. The Authority may also be represented
on a case-by-case basis by lawyers specialised in their
subject matter by means of a reasoned decision providing
the relevant power of attorney.
CHAPTER C
SUPPLEMENTARY MEASURES FOR THE
IMPLEMENTATION OF THE GDPR REGARDING
THE PROCESSING OF PERSONAL DATA
Article 21
Consent of minors
1. Where point (a) of Article 6(1) applies, in relation to the
offering of information society services directly to a minor,
the processing of the personal data of a minor shall be
lawful where the minor is at least 15 years old and gives
his or her consent.
2. Where the minor is below the age of 15 years, the
processing referred to in paragraph 1 shall be lawful only
if consent is given by the legal representative of the minor.
Article 22
Processing of special categories of personal data
1. By way of derogation from Article 9(1) of the GDPR,
the processing of special categories of personal data within
the meaning of Article 9(1) of the GDPR by public and
private bodies shall be allowed, if necessary:
(a) for the purpose of exercising the rights arising from
the right to social security and social protection, and for
fulfilling the obligations arising therefrom;
(b) for the purposes of preventive medicine, for the
assessment of the working capacity of the employee,
medical diagnosis, the provision of health or social care
or the management of health or social care systems or
pursuant to a contract with a health professional or other
person who is subject to a duty of professional secrecy or
supervised by him/her; or
(c) for reasons of public interest in the area of public
health, such as protecting against serious cross-border
threats to health or ensuring high standards of quality
and safety of health care and of medicinal products or
medical devices, in addition to the measures referred to in
the second subparagraph of paragraph 3, the provisions
ensuring professional secrecy provided for in a law or code
of conduct must in particular be complied with.
2. By way of derogation from Article 9(1) of the GDPR,
the processing of special categories of personal data by
public bodies within the meaning of Article 9(1) of the
GDPR shall be allowed, where it is:
(a) strictly necessary for reasons of essential public
interest;
(b) necessary for the prevention of major threats to
national or public security; or
(c) necessary for taking humanitarian action, in which
case the interests in the processing override the interests
of the data subject.
3. In the cases referred to in the previous paragraphs,
all appropriate and specific measures shall be taken to
safeguard the interests of the data subject. Taking into
account the state of the art, the cost of implementation and
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the nature, scope, context and purposes of processing as
well as the risks of varying severity for rights and freedoms
of natural persons posed by the processing, such measures
may include in particular:
(a) technical and organisational measures to ensure that
the processing complies with the GDPR;
(b) measures to ensure that ex post verification and
determination of whether and by whom personal data have
been entered, amended or removed is possible;
(c) measures to raise awareness among staff involved
in the processing;
(d) access rights restrictions to controllers and
processors;
(e) pseudonymisation of personal data;
(f) encryption of personal data;
(g) measures to ensure the ability, confidentiality,
integrity, availability and resilience of processing systems
and services relating to the processing of personal data,
including the ability to rapidly restore the availability and
access in the event of a physical or technical incident;
(h) procedures for regularly testing, assessing and
evaluating the effectiveness of technical and organisational
measures for ensuring the security of the processing;
(i) specific rules to ensure compliance with this Law
and the GDPR in case of transfer or processing for other
purposes;
(j) designation of a DPO.
Article 23
Processing of genetic data
The processing of genetic data for health and life
insurance purposes shall be prohibited under Article 9(4)
of the GDPR.
Article 24
Processing of personal data for other purposes by
public bodies
1. The processing of personal data by public bodies for a
purpose other than that for which they were collected shall
be permitted where such processing is necessary for the
performance of the tasks assigned to them and provided
that it is necessary:
(a) for the verification of the information provided by the
data subject because there are reasonable grounds for
believing that such information is incorrect;
(b) for the prevention of risks to national security, defence
or public security, or for securing tax and customs revenue;
(c) for the prosecution of criminal offences;
(d) for the prevention of serious harm to the rights of
another person;
(e) for the production of official statistics.
2. The processing of special categories of personal data,
as referred to in Article 9(1) of the GDPR, for a purpose
other than that for which they have been collected, shall
be permitted provided that the conditions set out in the
previous paragraph are fulfilled and one of the exemptions
provided for in Article 9(2) of the GDPR or Article 22 of this
Law applies.
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