4.5.2016
EN
Official Journal of the European Union
L 119/95
to determine the existence of separate human races. Such personal data should not be processed, unless
processing is subject to appropriate safeguards for the rights and freedoms of the data subject laid down by law
and is allowed in cases authorised by law; where not already authorised by such a law, the processing is necessary
to protect the vital interests of the data subject or of another person; or the processing relates to data which are
manifestly made public by the data subject. Appropriate safeguards for the rights and freedoms of the data
subject could include the possibility to collect those data only in connection with other data on the natural
person concerned, the possibility to secure the data collected adequately, stricter rules on the access of staff of the
competent authority to the data and the prohibition of transmission of those data. The processing of such data
should also be allowed by law where the data subject has explicitly agreed to the processing that is particularly
intrusive to him or her. However, the consent of the data subject should not provide in itself a legal ground for
processing such sensitive personal data by competent authorities.
(38)
The data subject should have the right not to be subject to a decision evaluating personal aspects relating to him
or her which is based solely on automated processing and which produces adverse legal effects concerning, or sig
nificantly affects, him or her. In any case, such processing should be subject to suitable safeguards, including the
provision of specific information to the data subject and the right to obtain human intervention, in particular to
express his or her point of view, to obtain an explanation of the decision reached after such assessment or to
challenge the decision. Profiling that results in discrimination against natural persons on the basis of personal
data which are by their nature particularly sensitive in relation to fundamental rights and freedoms should be
prohibited under the conditions laid down in Articles 21 and 52 of the Charter.
(39)
In order to enable him or her to exercise his or her rights, any information to the data subject should be easily
accessible, including on the website of the controller, and easy to understand, using clear and plain language.
Such information should be adapted to the needs of vulnerable persons such as children.
(40)
Modalities should be provided for facilitating the exercise of the data subject's rights under the provisions
adopted pursuant to this Directive, including mechanisms to request and, if applicable, obtain, free of charge, in
particular, access to and rectification or erasure of personal data and restriction of processing. The controller
should be obliged to respond to requests of the data subject without undue delay, unless the controller applies
limitations to data subject rights in accordance with this Directive. Moreover, if requests are manifestly
unfounded or excessive, such as where the data subject unreasonably and repetitiously requests information or
where the data subject abuses his or her right to receive information, for example, by providing false or
misleading information when making the request, the controller should be able to charge a reasonable fee or
refuse to act on the request.
(41)
Where the controller requests the provision of additional information necessary to confirm the identity of the
data subject, that information should be processed only for that specific purpose and should not be stored for
longer than needed for that purpose.
(42)
At least the following information should be made available to the data subject: the identity of the controller, the
existence of the processing operation, the purposes of the processing, the right to lodge a complaint and the
existence of the right to request from the controller access to and rectification or erasure of personal data or
restriction of processing. This could take place on the website of the competent authority. In addition, in specific
cases and in order to enable the exercise of his or her rights, the data subject should be informed of the legal
basis for the processing and of how long the data will be stored, in so far as such further information is
necessary, taking into account the specific circumstances in which the data are processed, to guarantee fair
processing in respect of the data subject.
(43)
A natural person should have the right of access to data which has been collected concerning him or her, and to
exercise this right easily and at reasonable intervals, in order to be aware of and verify the lawfulness of the
processing. Every data subject should therefore have the right to know, and obtain communications about, the
purposes for which the data are processed, the period during which the data are processed and the recipients of
the data, including those in third countries. Where such communications include information as to the origin of
the personal data, the information should not reveal the identity of natural persons, in particular confidential
sources. For that right to be complied with, it is sufficient that the data subject be in possession of a full
summary of those data in an intelligible form, that is to say a form which allows that data subject to become
aware of those data and to verify that they are accurate and processed in accordance with this Directive, so that it
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