Article 6
Legal criteria for processing
1. The personal data may be processed only if:
a) personal data subject has given his consent;
b) processing is necessary for the performance of a
contract to which the data subject is party or in order to negotiate or amend a draft/contract at the request of the data
subject;
c) in order to protect the vital interests of the data subject;
ç) to comply with a legal obligation of the controller;
d) for the performance of a legal task of public interest
or in exercise of powers of the controller or of a third party
to whom the data are disclosed;
dh) processing is necessary for the protection of the legitimate rights and interests of the controller, the recipient or
any other interested party. However, in any case, processing
of personal data cannot be in clear contradiction with the
data subject right to protection of personal life and privacy.
2. Processing of personal data in the framework of crime
prevention and prosecution activities, in cases of a criminal
offence against the public order and other violations in the
field of criminal law, defence and national security, shall be
performed by official authorities as stipulated in the law.
3. In the event, the controller or processor carries out
personal data processing for the purpose of offering business
opportunities or services provided that the data were taken
from a public list of data.
The controller or processor cannot process further the
data specified in this paragraph, if the data subject has expressed his disagreement or has objected their further processing. No additional personal data is attached to the data
specified above without the consent of the data subject.
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4. The controller is allowed to keep in its own filing
system the personal data even after the data subject has
objected proceesing under paragraph 3 of this Article. Such
data can be used only if the data subject gives his content.
5. Collection of personal data which is related to a data
subject solely for reasons of direct marketing is allowed
only if the data subject has given his explicit consent.
Article 7
Processing of sensitive data
1. Except for cases specified in point 2 and 3 of this
Article, processing of data that reveal racial or ethnic origin, political beliefs, trade unions membership, religious or
philosophical beliefs, criminal convictions and health and
sexual life is prohibited.
2. Processing of sensitive data shall be done only if:
a) the data subject has given his consent, which may
be revoked at any given moment making illegal any further
processing of data;
b) it is in the vital interest of the data subject or another
person and the data subject is physically or mentally incapable of giving his/her consent;
c) it is authorized by the responsible authority for an
important public interest, under adequate safeguards;
ç) It is related to data which are manifestly made public
by the data subject or is necessary for the exercise or defence
of legal rights;
d) data are processed for historic, scientific or statistical
research, under adequate safeguards;
dh) data are required for the purposes of preventive
medicine, medical diagnosis, the provision of health care,
treatment or management of health care services and data
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