L 119/116
3.
EN
Official Journal of the European Union
4.5.2016
The records referred to in paragraphs 1 and 2 shall be in writing, including in electronic form.
The controller and the processor shall make those records available to the supervisory authority on request.
Article 25
Logging
1.
Member States shall provide for logs to be kept for at least the following processing operations in automated
processing systems: collection, alteration, consultation, disclosure including transfers, combination and erasure. The logs
of consultation and disclosure shall make it possible to establish the justification, date and time of such operations and,
as far as possible, the identification of the person who consulted or disclosed personal data, and the identity of the
recipients of such personal data.
2.
The logs shall be used solely for verification of the lawfulness of processing, self-monitoring, ensuring the integrity
and security of the personal data, and for criminal proceedings.
3.
The controller and the processor shall make the logs available to the supervisory authority on request.
Article 26
Cooperation with the supervisory authority
Member States shall provide for the controller and the processor to cooperate, on request, with the supervisory
authority in the performance of its tasks on request.
Article 27
Data protection impact assessment
1.
Where a type of processing, in particular, using new technologies, and taking into account the nature, scope,
context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons,
Member States shall provide for the controller to carry out, prior to the processing, an assessment of the impact of the
envisaged processing operations on the protection of personal data.
2.
The assessment referred to in paragraph 1 shall contain at least a general description of the envisaged processing
operations, an assessment of the risks to the rights and freedoms of data subjects, the measures envisaged to address
those risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate
compliance with this Directive, taking into account the rights and legitimate interests of the data subjects and other
persons concerned.
Article 28
Prior consultation of the supervisory authority
1.
Member States shall provide for the controller or processor to consult the supervisory authority prior to
processing which will form part of a new filing system to be created, where:
(a) a data protection impact assessment as provided for in Article 27 indicates that the processing would result in a
high risk in the absence of measures taken by the controller to mitigate the risk; or
(b) the type of processing, in particular, where using new technologies, mechanisms or procedures, involves a high risk
to the rights and freedoms of data subjects.
2.
Member States shall provide for the supervisory authority to be consulted during the preparation of a proposal for
a legislative measure to be adopted by a national parliament or of a regulatory measure based on such a legislative
measure, which relates to processing.
3.
Member States shall provide that the supervisory authority may establish a list of the processing operations which
are subject to prior consultation pursuant to paragraph 1.
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