4.5.2016
EN
Official Journal of the European Union
L 119/109
Article 8
Lawfulness of processing
1.
Member States shall provide for processing to be lawful only if and to the extent that processing is necessary for
the performance of a task carried out by a competent authority for the purposes set out in Article 1(1) and that it is
based on Union or Member State law.
2.
Member State law regulating processing within the scope of this Directive shall specify at least the objectives of
processing, the personal data to be processed and the purposes of the processing.
Article 9
Specific processing conditions
1.
Personal data collected by competent authorities for the purposes set out in Article 1(1) shall not be processed for
purposes other than those set out in Article 1(1) unless such processing is authorised by Union or Member State law.
Where personal data are processed for such other purposes, Regulation (EU) 2016/679 shall apply unless the processing
is carried out in an activity which falls outside the scope of Union law.
2.
Where competent authorities are entrusted by Member State law with the performance of tasks other than those
performed for the purposes set out in Article 1(1), Regulation (EU) 2016/679 shall apply to processing for such
purposes, including for archiving purposes in the public interest, scientific or historical research purposes or statistical
purposes, unless the processing is carried out in an activity which falls outside the scope of Union law.
3.
Member States shall, where Union or Member State law applicable to the transmitting competent authority
provides specific conditions for processing, provide for the transmitting competent authority to inform the recipient of
such personal data of those conditions and the requirement to comply with them.
4.
Member States shall provide for the transmitting competent authority not to apply conditions pursuant to
paragraph 3 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 Member State of the
transmitting competent authority.
Article 10
Processing of special categories of personal data
Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade
union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural
person, data concerning health or data concerning a natural person's sex life or sexual orientation shall be allowed only
where strictly necessary, subject to appropriate safeguards for the rights and freedoms of the data subject, and only:
(a) where authorised by Union or Member State law;
(b) to protect the vital interests of the data subject or of another natural person; or
(c) where such processing relates to data which are manifestly made public by the data subject.
Article 11
Automated individual decision-making
1.
Member States shall provide for a decision based solely on automated processing, including profiling, which
produces an adverse legal effect concerning the data subject or significantly affects him or her, to be prohibited unless
authorised by Union or Member State law to which the controller is subject and which provides appropriate safeguards
for the rights and freedoms of the data subject, at least the right to obtain human intervention on the part of the
controller.
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