3388
GOVERNMENT GAZETTE
the presentation of the results of the research. In the latter
case, the results shall undergo pseudonymisation before
being published.
Article 31
Information to be provided where personal data
are collected from the data subject
1. The obligation to inform the data subject pursuant to
Article 13(3) of the GDPR shall not apply, with the exception
of the exemption referred to in Article 13(4) of the GDPR
where the information to be provided on further processing:
(a) concerns further processing of data stored in a written
form in which the controller directly addresses the data
subject, the purpose is compatible with the original purpose
of collection in accordance with the GDPR, communication
with the data subject is not in digital form and the interest
of the data subject in being informed according to the
circumstances of the case, in particular as regards the
context in which the data have been collected, is not
deemed to be high;
(b) in the case of a public body, would compromise the
proper performance of the controller’s tasks within the
meaning of points (a) to (e) of Article 23(1) of the GDPR,
and the interest of the controller in not providing information
overrides the data subject’s interest;
(c) would compromise national or public security, and
the interest of the controller in not providing information
overrides the data subject’s interest;
(d) would prevent the establishment, exercise or defence
of legal claims, and the interest of the controller in not
providing information overrides the interest of the data
subject;
(e) would compromise the confidentiality of the data
transfer to public bodies.
2. Where no information is given to the data subject
in accordance with paragraph 1, the controller shall
take appropriate measures to protect the data subject’s
legitimate interests, including the provision to the public
of the information referred to in Article 13(1) and (2) of the
GDPR in an accurate, transparent, intelligible and easily
accessible form, in clear and plain language. The controller
shall state in writing the reasons for forgoing the provision
of information. The above subparagraphs shall not apply to
indents (d) and (e) of the previous paragraph.
3. Where no notification is given in the cases referred to
in paragraph 1 due to a temporary obstacle, the controller,
taking into account the specific conditions of the processing,
should comply with the obligation to provide information
within a reasonable period of time after the obstacle has
been removed, but not later than a period of two (2) weeks.
4. If, at the start of a mandate or in the course of a
mandate, the customer disclosed data of third parties to
an entity bound by an obligation of professional secrecy,
the transmitting entity shall not be required to provide
information to the data subject in accordance with Article
13(3) of the GDPR, unless the interest of the data subject
in obtaining the information is overriding.
Article 32
Information to be provided where the personal
A’ 137/29.08.2019
data have not been obtained from the data subject
1. The obligation to inform the data subject in accordance
with Article 14(1), (2) and (4) of the GDPR shall not apply
where the provision of information:
(a) in the case of public bodies:
(aa) would compromise the proper performance of the
controller’s tasks within the meaning of points (a) to (e) of
Article 23(1) of the GDPR, or
(bb) would compromise national or public security;
and, therefore, the data subject’s interest in obtaining the
information recedes,
(b) in the case of private bodies:
(aa) would prejudice the establishment, exercise
or defence of legal claims, or the processing includes
personal data resulting from contracts established under
private law and is aimed at preventing damages caused by
criminal offences, unless the data subject has an overriding
legitimate interest in obtaining the information; or
(bb) the competent public authority has specified to the
controller that the publication of the data would compromise
national defence, national security and public security,
while in the case of data processing for law enforcement
purposes, specification pursuant to the first subparagraph
is not required.
2. Where no information is provided to the data subject
in accordance with paragraph 1, the controller shall
take appropriate measures to protect the data subject’s
legitimate interests, including the provision to the public
of the information referred to in Article 14(1) and (2) of the
GDPR in an accurate, transparent, intelligible and easily
accessible form, in clear and plain language. The controller
shall state in writing the reasons for which he or she has
refrained from providing information.
3. The obligation to provide information to the data
subject in accordance with Article 14(1) to (4) of the GDPR,
with the exception of exemptions referred to in Article 14(5)
of the GDPR, shall not apply insofar as, by fulfilling this
obligation, information would be disclosed which by its
nature, in particular due to overriding legitimate interests of
third parties, should remain confidential.
Article 33
Right of access by the data subject/Communication
of a personal data breach to the data subject
1. In addition to the exemptions laid down in Article 29(2)
and Article 30(2), the right of access by the data subject
in accordance with Article 15 of the GDPR shall not apply,
where:
(a) the data subject is not informed in accordance with
point (bb) of indents (a) and (b) of paragraph 1 of the
previous Article; or
(b) the data
(aa) were recorded only because they cannot be erased
due to retention requirements provided for in legal or
regulatory provisions, or
(bb) only serve purposes of protection or control of data,
and the provision of information would require a
disproportionate effort, and the necessary technical
and organisational measures render impossible their
processing for other purposes.
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