4.5.2016
EN
Official Journal of the European Union
L 119/39
(j) processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or
statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be propor
tionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific
measures to safeguard the fundamental rights and the interests of the data subject.
3.
Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2
when those data are processed by or under the responsibility of a professional subject to the obligation of professional
secrecy under Union or Member State law or rules established by national competent bodies or by another person also
subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.
4.
Member States may maintain or introduce further conditions, including limitations, with regard to the processing
of genetic data, biometric data or data concerning health.
Article 10
Processing of personal data relating to criminal convictions and offences
Processing of personal data relating to criminal convictions and offences or related security measures based on
Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by
Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any
comprehensive register of criminal convictions shall be kept only under the control of official authority.
Article 11
Processing which does not require identification
1.
If the purposes for which a controller processes personal data do not or do no longer require the identification of
a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional
information in order to identify the data subject for the sole purpose of complying with this Regulation.
2.
Where, in cases referred to in paragraph 1 of this Article, the controller is able to demonstrate that it is not in a
position to identify the data subject, the controller shall inform the data subject accordingly, if possible. In such cases,
Articles 15 to 20 shall not apply except where the data subject, for the purpose of exercising his or her rights under
those articles, provides additional information enabling his or her identification.
CHAPTER III
Rights of the data subject
Sec ti on 1
Tr an s p ar enc y a nd mo da li tie s
Article 12
Transparent information, communication and modalities for the exercise of the rights of the data
subject
1.
The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and
any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent,
intelligible and easily accessible form, using clear and plain language, in particular for any information addressed
specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by
electronic means. When requested by the data subject, the information may be provided orally, provided that the
identity of the data subject is proven by other means.