A’ 137/29.08.2019
GOVERNMENT GAZETTE
sector, regardless of the validity of the contract, as well as
job applicants and former workers.
Article 28
Processing and freedom of expression and
information
1. To the extent necessary to reconcile the right to
the protection of personal data with the right to freedom
of expression and information, including processing for
journalistic purposes and the purposes of academic, artistic
or literary expression, the processing of personal data is
allowed where:
(a) the data subject has given his or her explicit consent,
(b) it relates to personal data which are manifestly made
public by the data subject, (c) the right to freedom of
expression and the right to information override the right
to the protection of the data subject’s personal data, in
particular on matters of general interest or where it relates
to personal data of public figures, and (d) where it is limited
to what is necessary to ensure freedom of expression
and the right to information, in particular with regard to
special categories of personal data, criminal proceedings,
convictions and related security measures, taking into
account the right of the data subject to his or her private
and family life.
2. To the extent necessary to reconcile the right to
the protection of personal data with the right to freedom
of expression and information, including processing for
journalistic purposes and the purposes of academic,
artistic or literary expression, the following shall not apply:
(a) Chapter II of the GDPR (principles), except for Article 5,
(b) Chapter III of the GDPR (rights of the data subject), c)
Chapter IV of the GDPR (controller and processor), except
for Articles 28, 29 and 32, (d) Chapter V of the GDPR
(transfer of personal data to third countries or international
organisations), (e) Chapter VII of the GDPR (cooperation
and consistency) and f) Chapter IX of the GDPR (specific
data processing situations)”.
Article 29
Processing of personal data for archiving purposes
in the public interest
1. By way of derogation from Article 9(1) of the GDPR,
the processing of special categories of personal data within
the meaning of Article 9(1) of the GDPR shall be allowed
where it is necessary for archiving purposes in the public
interest. The controller shall have the obligation to take
suitable and specific measures to protect the data subject's
legitimate interests. Such measures may include, as far as
possible, in particular:
(a) access rights restrictions to controllers and
processors;
(b) pseudonymisation of personal data;
(c) encryption of personal data;
(d) designation of a DPO.
2. By way of derogation from Article 15 of the GDPR, the
data subject’s right of access to data relating to him or her
may be restricted where the exercise of that right is likely
to render impossible or seriously impair the achievement of
the objectives referred to in paragraph 1, and the exercise
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of the right would entail a disproportionate effort.
3. By way of derogation from Article 16 of the GDPR, the
data subject shall not have the right to have the personal
data relating to him or her rectified where the exercise of
that right is likely to render impossible or seriously impair
the achievement of the objectives referred to in paragraph
1 or the exercise of the rights of others.
4. By way of derogation from subparagraphs (a), (b) and
(d) of Article 18(1), and from Articles 20 and 21 of the GDPR,
the rights of the data subject shall be restricted where their
exercise is likely to render impossible or seriously impair
the achievement of the objectives referred to in paragraph
1 and where such limitations are deemed to be necessary
for the achievement of such objectives.
Article 30
Processing of personal data for scientific or
historical research purposes or for the collection
and maintenance of statistical information
1. By way of derogation from Article 9(1) of the GDPR,
the processing of special categories of personal data,
within the meaning of Article 9(1) of the GDPR, shall be
allowed without the consent of the data subject where the
processing is necessary for scientific or historical research
purposes, or for the collection and maintenance of statistical
information, and the interest of the controller is overriding
the interest of the data subject in not having his or her
personal data processed. The controller shall have the
obligation to take suitable and specific measures to protect
the data subject's legitimate interests. Such measures may
include, in particular:
(a) access rights restrictions to controllers and
processors;
(b) pseudonymisation of personal data;
(c) encryption of personal data;
(d) designation of a DPO.
2. By way of derogation form the provisions of Articles
15, 16, 18 and 21 of the GDPR, the rights of the data
subject shall be limited where their exercise is likely to
render impossible or seriously impair the achievement
of the objectives referred to in paragraph 1 and where
such limitations are deemed to be necessary for their
achievement. For the same reason, the data subject’s
right of access provided for in Article 15 of the GDPR shall
not apply where personal data are necessary for scientific
purposes and the provision of information would entail a
disproportionate effort.
3. In addition to what is referred to in paragraph 1,
special categories of personal data, where processed for
the purposes of paragraph 1 shall, unless it is contrary to
the legitimate interest of the data subject, be anonymised
as soon as the scientific or statistical purposes allow. Until
then, the characteristics that can be used to match individual
details associated with personal or real situations of an
identified or identifiable person must be stored separately.
These characteristics can only be combined with individual
details if required for research or statistical purposes.
4. The controller may publish personal data processed
in the context of research, if the data subjects have given
their consent in writing or the publication is necessary for
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