Article 16
The right to complain
1. Every person who claims that his rights, freedoms
and legal interests concerning his personal data have been
violated shall have the right to complain or to notify the
Commissioner and to request his intervention to remedy
the infringed right. Following this complaint, in accordance
with the Code of Civil Procedure, the data subject may file
a complaint in court.
2. When the data subject has filed a complaint, the
controller shall have no right to make any changes to the
personal data until a final decision ruled.
Article 17
Compensation of the damage
Everyone who has suffered damage due to an unlawful processing of personal data is entitled to compensation, pursuant to the rules defined by the Civil Code.
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CHAPTER V
OBLIGATIONS OF THE CONTROLLER
AND PROCESSOR
Article 18
Obligation to Inform
1. The controller, when collecting personal data, shall
inform the data subject on the scope and purpose for which
personal data are being processed, the person who is going
to process the data, on the mean of processing, except for
when the data subject is already aware of such information.
The controller shall inform the data subject on the right to
access and the right to rectify the data concerning him.
2. In case the controller processes personal data obtained from the data subject, it is obliged to inform the data
subject whether the provision of the personal data is obligatory or optional. If the data subject, under a legal or secondary act, is obliged to provide personal data for processing, the controller informs him on this fact as well as
on the consequences of refusal to provide personal data.
3. The controller is not obliged to provide information
and to inform when personal data are not obtained by the
data subject, if:
a) it processes personal data exclusively for the purpose
of historical, statistical and scientific research and if provision of such information is not possible or demands disproportionate efforts;
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