L 119/110
Official Journal of the European Union
EN
4.5.2016
2.
Decisions referred to in paragraph 1 of this Article shall not be based on special categories of personal data
referred to in Article 10, unless suitable measures to safeguard the data subject's rights and freedoms and legitimate
interests are in place.
3.
Profiling that results in discrimination against natural persons on the basis of special categories of personal data
referred to in Article 10 shall be prohibited, in accordance with Union law.
CHAPTER III
Rights of the data subject
Article 12
Communication and modalities for exercising the rights of the data subject
1.
Member States shall provide for the controller to take reasonable steps to provide any information referred to in
Article 13 and make any communication with regard to Articles 11, 14 to 18 and 31 relating to processing to the data
subject in a concise, intelligible and easily accessible form, using clear and plain language. The information shall be
provided by any appropriate means, including by electronic means. As a general rule, the controller shall provide the
information in the same form as the request.
2.
Member States shall provide for the controller to facilitate the exercise of the rights of the data subject under
Articles 11 and 14 to 18.
3.
Member States shall provide for the controller to inform the data subject in writing about the follow up to his or
her request without undue delay.
4.
Member States shall provide for the information provided under Article 13 and any communication made or
action taken pursuant to Articles 11, 14 to 18 and 31 to be provided free of charge. Where requests from a data subject
are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:
(a) charge a reasonable fee, taking into account the administrative costs of providing the information or communication
or taking the action requested; or
(b) refuse to act on the request.
The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
5.
Where the controller has reasonable doubts concerning the identity of the natural person making a request
referred to in Article 14 or 16, the controller may request the provision of additional information necessary to confirm
the identity of the data subject.
Article 13
Information to be made available or given to the data subject
1.
Member States shall provide for the controller to make available to the data subject at least the following
information:
(a) the identity and the contact details of the controller;
(b) the contact details of the data protection officer, where applicable;
(c) the purposes of the processing for which the personal data are intended;
(d) the right to lodge a complaint with a supervisory authority and the contact details of the supervisory authority;
(e) the existence of the right to request from the controller access to and rectification or erasure of personal data and
restriction of processing of the personal data concerning the data subject.
2.
In addition to the information referred to in paragraph 1, Member States shall provide by law for the controller to
give to the data subject, in specific cases, the following further information to enable the exercise of his or her rights:
(a) the legal basis for the processing;
(b) the period for which the personal data will be stored, or, where that is not possible, the criteria used to determine
that period;
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