L 119/96
EN
Official Journal of the European Union
4.5.2016
is possible for him or her to exercise the rights conferred on him or her by this Directive. Such a summary could
be provided in the form of a copy of the personal data undergoing processing.
(44)
Member States should be able to adopt legislative measures delaying, restricting or omitting the information to
data subjects or restricting, wholly or partly, the access to their personal data to the extent that and as long as
such a measure constitutes a necessary and proportionate measure in a democratic society with due regard for
the fundamental rights and the legitimate interests of the natural person concerned, to avoid obstructing official
or legal inquiries, investigations or procedures, to avoid prejudicing the prevention, investigation, detection or
prosecution of criminal offences or the execution of criminal penalties, to protect public security or national
security, or to protect the rights and freedoms of others. The controller should assess, by way of a concrete and
individual examination of each case, whether the right of access should be partially or completely restricted.
(45)
Any refusal or restriction of access should in principle be set out in writing to the data subject and include the
factual or legal reasons on which the decision is based.
(46)
Any restriction of the rights of the data subject must comply with the Charter and with the ECHR, as interpreted
in the case-law of the Court of Justice and by the European Court of Human Rights respectively, and in particular
respect the essence of those rights and freedoms.
(47)
A natural person should have the right to have inaccurate personal data concerning him or her rectified, in
particular where it relates to facts, and the right to erasure where the processing of such data infringes this
Directive. However, the right to rectification should not affect, for example, the content of a witness testimony. A
natural person should also have the right to restriction of processing where he or she contests the accuracy of
personal data and its accuracy or inaccuracy cannot be ascertained or where the personal data have to be
maintained for purpose of evidence. In particular, instead of erasing personal data, processing should be restricted
if in a specific case there are reasonable grounds to believe that erasure could affect the legitimate interests of the
data subject. In such a case, restricted data should be processed only for the purpose which prevented their
erasure. Methods to restrict the processing of personal data could include, inter alia, moving the selected data to
another processing system, for example for archiving purposes, or making the selected data unavailable. In
automated filing systems the restriction of processing should in principle be ensured by technical means. The fact
that the processing of personal data is restricted should be indicated in the system in such a manner that it is
clear that the processing of the personal data is restricted. Such rectification or erasure of personal data or
restriction of processing should be communicated to recipients to whom the data have been disclosed and to the
competent authorities from which the inaccurate data originated. The controllers should also abstain from further
dissemination of such data.
(48)
Where the controller denies a data subject his or her right to information, access to or rectification or erasure of
personal data or restriction of processing, the data subject should have the right to request that the national
supervisory authority verify the lawfulness of the processing. The data subject should be informed of that right.
Where the supervisory authority acts on behalf of the data subject, the data subject should be informed by the
supervisory authority at least that all necessary verifications or reviews by the supervisory authority have taken
place. The supervisory authority should also inform the data subject of the right to seek a judicial remedy.
(49)
Where the personal data are processed in the course of a criminal investigation and court proceedings in criminal
matters, Member States should be able to provide that the exercise the right to information, access to and rectifi
cation or erasure of personal data and restriction of processing is carried out in accordance with national rules
on judicial proceedings.
(50)
The responsibility and liability of the controller for any processing of personal data carried out by the controller
or on the controller's behalf should be established. In particular, the controller should be obliged to implement
appropriate and effective measures and should be able to demonstrate that processing activities are in compliance
with this Directive. Such measures should take into account the nature, scope, context and purposes of the
processing and the risk to the rights and freedoms of natural persons. The measures taken by the controller
should include drawing up and implementing specific safeguards in respect of the treatment of personal data of
vulnerable natural persons, such as children.
(51)
The risk to the rights and freedoms of natural persons, of varying likelihood and severity, may result from data
processing which could lead to physical, material or non-material damage, in particular: where the processing
may give rise to discrimination, identity theft or fraud, financial loss, damage to the reputation, loss of confiden
tiality of data protected by professional secrecy, unauthorised reversal of pseudonymisation or any other
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