and professional confidentiality and it may be restricted if
it violates national security interests, the foreign policy, the
economic and financial interests of the state, prevention and
prosecution of criminal offences.
4. The right to access cannot be exercised in cases
provided for in Article 10 (1) herein.
5. If access is denied on arguments of violation of
national security interests, foreign policy, economic and
financial interests of the state, prevention and prosecution
of criminal offences or of the freedom of speech and information or press freedom, the data subject may require from
the Commissioner to check on the exemption for the concrete case. The Commissioner shall inform the data subject
about the undertaken measures.
Article 13
The right to request blocking,
rectification and erasure
1. Every data subject has the right to request blocking,
rectification or erasure of his data, free of charge whenever
he is informed that data relating to him are irregular, untrue,
and incomplete or have been processed and collected in
contradiction with the provisions of this law.
2. Within 30 days from receipt of the data subject request, the controller shall notify the data subject on the lawful
processing of the data, whether the blocking, rectification
or erasure has been carried out or not.
3. When the controller does not carry out the blocking,
rectification or erasure of the data requested, the data subject
has the right to file a complaint with the Commissioner.
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Article 14
Automated decision
1. Each person shall be entitled not to be subject to
decisions, that cause legal effects on him or that influence
him significantly and the decision is based only on the automatic processing of the data, which aim at assessing certain
personal aspects related to him, particularly his efficiency at
work, his credibility or behaviour.
2. A person may be subject to a decision taken under
point 1 herein, when the decision:
(a) is taken in the course of entering into or performance
of a contract, provided the request for entering into or the
performance of the contract, lodged by the data subject, has
been satisfied, or if there are adequate measures to safeguard his legitimate interests, such as the possibilities allowing him to point out his views;
(b) is authorized by a law which also lays down measures
to safeguard the data subject’s legitimate interests.
Article 15
The right of the data subject to refuse
1. The data subject, pursuant to the law, has the right
to object, at any time, free of charge the processing of data
related to him carried out under letter “d” and “dh” of article
6 of this Law, unless otherwise stipulated by the law.
2. The data subject has the right to demand the controller
not to start processing, or if processing has started, to stop
processing of personal data related to him for the purposes
of direct marketing and to be informed in advance before
personal data are disclosed for first time for such purpose.
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