b. public registers set up by law.
Section 2. Prior investigation
Article 31
1. The Data Protection Commission shall initiate an investigation prior to any processing for
which responsible parties:
a. plan to process a number identifying persons for a purpose other than the one for which the
number is specifically intended with the aim of linking the data together with data processed by
other responsible parties, unless the number is used for the cases defined in Article 24;
b. plan to record data on the basis of their own observations without informing the data subjects
thereof, or
c. plan to process data on criminal behaviour or on unlawful or objectionable conduct for third
parties other than under the terms of a licence issued under the Private Security Organisations
and Investigation Bureaus Act.
2. The provisions of (1)(b) do not apply to public registers set up by law.
3. The provisions of (1) may be rendered applicable to other types of data processing by law or
general administrative regulation where such processing carries a particular risk for the
individual rights and freedoms of the data subject. The Data Protection Commission shall
indicate in its annual report the extent to which, in its opinion, the said provisions should be
rendered applicable to such data.
4. The Data Protection Commission shall notify processing referred to under (1)(c) to the
European Commission.
Article 32
1. Data processing to which Article 31(1) is applicable shall be notified as such by the responsible
party to the Data Protection Commssion.
2. The notification of such data processing requires responsible parties to suspend the processing
they are planning to carry out until the Commission has completed its investigation or until they
have received notice that a more detailed investigation will not be conducted.
3. In the case of the notification of data processing to which Article 31(1) is applicable, the
Commission shall communicate its decision in writing within four weeks of the notification as to
whether or not it will conduct a more detailed investigation.
4. In the event that the Commission decides to conduct a more detailed investigation, it shall
indicate the period of time within which it plans to conduct this investigation. This period must
not exceed thirteen weeks.
5. The more detailed investigation referred to under (4) leads to a statement concerning the
lawfulness of the data processing.
6. The statement by the Commission is deemed to be equivalent to a decision within the meaning
of the General Administrative Regulations Act. This statement shall be prepared in accordance
with the procedure laid down by Section 3.4 of that Act.