3396
GOVERNMENT GAZETTE
duties and responsibilities are not determined by law. In
particular, the arrangement shall designate the person who
will be responsible for meeting the information obligations
and before which authority the data subjects may exercise
their rights.
2. The terms of the arrangement referred to in the
previous paragraph shall not prevent the data subject
from exercising his or her rights against each of the joint
controllers.
Article 62
Security of processing
(Articles 19 and 29 of the Directive)
1. The controller and processor, taking into account the
state of the art, the costs of implementation and the nature,
scope, context and purposes of the processing as well
as the likelihood and severity of the risks involved by the
processing for the data subjects, shall take the necessary
technical and organisational measures to ensure a level
of security appropriate to the risk during the processing of
personal data, in particular as regards the processing of
special categories of personal data.
2. The measures referred to in the previous paragraph
may include, inter alia, the pseudonymisation and
encryption of personal data, where such measures are
possible for the purposes of the processing. The measures
in accordance with paragraph 1 should ensure:
(a) the confidentiality, integrity, availability and resilience
of processing systems and services; and
(b) the ability to restore the availability and access to
personal data in a timely manner in the event of a physical
or technical incident.
3. In respect of automated processing, the controller
and processor, following an evaluation of the risks, shall
implement measures designed to:
(a) deny unauthorised persons access to processing
equipment used for processing (‘equipment access
control’);
(b) prevent the unauthorised reading, copying,
modification or removal of data media (‘data media control’);
(c) prevent the unauthorised input of personal data and
the unauthorised inspection, modification or deletion of
stored personal data (‘storage control’);
(d) prevent the use of automated processing systems
by unauthorised persons using data communication
equipment (‘user control’);
(e) ensure that persons authorised to use an automated
processing system have access only to the personal
data covered by their access authorisation (‘data access
control’);
(f) ensure that it is possible to verify and establish the
bodies to which personal data have been or may be
transmitted or made available using data communication
equipment (‘communication control’);
(g) ensure that it is subsequently possible to verify
and establish which personal data have been input into
automated processing systems, and when and by whom
the personal data were input (‘input control’);
(h) prevent the unauthorised reading, copying,
modification or deletion of personal data during transfers
A’ 137/29.08.2019
of personal data or during transportation of data media
(‘transport control’);
(i) ensure that installed systems may, in the case of
interruption, be restored (‘recovery’);
(j) ensure that the functions of the system perform,
that the appearance of faults in the functions is reported
(‘reliability’) and that stored personal data cannot be
corrupted by means of a malfunctioning of the system
(‘integrity’);
(k) ensure that the personal data to be processed on
behalf of the controller can only be processed according to
the instructions of the controller (‘processing control’);
(l) ensure that the personal data are protected from loss
and destruction (availability control);
(m) ensure that the personal data collected for different
purposes can be processed using organisational or spatial
separation (possibility of separation).
The purpose of the first subparagraph in indents (b) to
(e) may be achieved, in particular, by means of encryption
technology.
Article 63
Notification of a personal data breach to the
Authority
(Article 30 of the Directive)
1. In the case of a personal data breach, the controller
shall notify without delay and, where feasible, not later than
seventy two (72) hours after having become aware of it,
the personal data breach to the Authority, unless he or she
reasonably considers on the basis of justifiable reasons
that the breach is not likely to compromise the protected
legal interests of a natural person. The notification of the
breach to the Authority after the expiry of seventy two (72)
hours shall be specifically justified as regards the reasons
for the delay.
2. The processor shall notify the controller without delay
after becoming aware of a personal data breach.
3. The notification referred to in paragraph 1 shall contain
at least the following information:
(a) the nature of the personal data breach including,
where possible, the categories and number of data subjects
concerned, and the categories and number of personal
data records concerned;
(b) the name and contact details of the data protection
officer or other contact point where more information can
be obtained;
(c) a description of the likely consequences of the
personal data breach; and
(d) a description of the measures taken or proposed to
be taken by the controller to address the personal data
breach and to mitigate its possible adverse effects.
4. Where it is not possible to provide the information
referred to in the previous paragraph at the same time with
the notification of the breach, the controller may provide the
information in phases once it is available without further
delay.
5. The controller shall document any personal data
breach comprising of the facts relating to the personal data
breach, its effects and the remedial action taken.
6. Where the personal data breach involves personal
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