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4. Paragraphs 1 to 3a shall not apply where and insofar as:
(a) the data subject already has the information; or
(b) the provision of such information proves impossible or would involve a
disproportionate effort; in particular for processing for archiving purposes in the public
interest, or scientific and historical research purposes or statistical purposes subject to
the conditions and safeguards referred to in Article 83(1) or in so far as the right
referred to in paragraph 1 is likely to render impossible or seriously impair the
achievement of the objectives of the archiving purposes in the public interest, or the
scientific and historical research purposes or the statistical purposes; in such cases the
controller shall take appropriate measures to protect the data subject's rights and
freedoms and legitimate interests, including making the information publicly available;
or
(c) obtaining or disclosure is expressly laid down by Union or Member State law to which
the controller is subject, which provides appropriate measures to protect the data
subject's legitimate interests; or
(d) where the data must remain confidential subject to an obligation of professional secrecy
regulated by Union or Member State law, including a statutory obligation of secrecy.
Article 15
Right of access for the data subject
1. The data subject shall have the right to obtain from the controller confirmation as to whether
or not personal data concerning him or her are being processed, and where such personal data
are being processed, access to the data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
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(c) the recipients or categories of recipients to whom the personal data have been or will be
disclosed, in particular to recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or if
this is not possible, the criteria used to determine this period;
(e) the existence of the right to request from the controller rectification or erasure of
personal data or restriction of the processing of personal data concerning the data
subject or to object to the processing of such personal data;
(f) the right to lodge a complaint to a supervisory authority;
(g) where the personal data are not collected from the data subject, any available
information as to their source;
(h) the existence of automated decision making including profiling referred to in Article
20(1) and (3) and at least in those cases, meaningful information about the logic
involved, as well as the significance and the envisaged consequences of such processing
for the data subject.
1a. Where personal data are transferred to a third country or to an international organisation, the
data subject shall have the right to be informed of the appropriate safeguards pursuant to
Article 42 relating to the transfer.
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1b. The controller shall provide a copy of the personal data undergoing processing. For any
further copies requested by the data subject, the controller may charge a reasonable fee based
on administrative costs. Where the data subject makes the request in electronic form, and
unless otherwise requested by the data subject, the information shall be provided in an
electronic form, which is commonly used.
2. (…)
2a. The right to obtain a copy referred to in paragraph 1b shall not adversely affect the rights and
freedoms of others.
3. (…)
4. (…).
SECTION 3
RECTIFICATION AND ERASURE
Article 16
Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the
rectification of personal data concerning him or her which are inaccurate. Having regard to the
purposes for which data were processed, the data subject shall have the right to obtain completion
of incomplete personal data, including by means of providing a supplementary statement.
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Article 17
Right to erasure (“right to be forgotten")
1. The data subject shall have the right to obtain from the controller the erasure of personal data
concerning him or her without undue delay and the controller shall have the obligation to
erase personal data without undue delay where one of the following grounds applies:
(a) the data are no longer necessary in relation to the purposes for which they were
collected or otherwise processed;
(b) the data subject withdraws consent on which the processing is based according to point
(a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground
for the processing of the data;
(c) the data subject objects to the processing of personal data pursuant to Article 19(1) and
there are no overriding legitimate grounds for the processing, or the data subject objects
to the processing of personal data pursuant to Article 19(2);
(d) they have been unlawfully processed;
(e) the data have to be erased for compliance with a legal obligation in Union or Member
State law to which the controller is subject;
(f) the data have been collected in relation to the offering of information society services
referred to in Article 8(1).
1a. (…)
2. (…)
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2a. Where the controller has made the personal data public and is obliged pursuant to paragraph 1
to erase the data, the controller, taking account of available technology and the cost of
implementation, shall take reasonable steps, including technical measures, to inform
controllers which are processing the data, that the data subject has requested the erasure by
such controllers of any links to, or copy or replication of that personal data.
3. Paragraphs 1 and 2 shall not apply to the extent that processing of the personal data is
necessary:
(a) for exercising the right of freedom of expression and information;
(b) for compliance with a legal obligation which requires processing of personal data by
Union or Member State law to which the controller is subject or for the performance of
a task carried out in the public interest or in the exercise of official authority vested in
the controller;
(c) for reasons of public interest in the area of public health in accordance with Article
9(2)(h) and (hb) as well as Article 9(4);
(d) for archiving purposes in the public interest, or scientific and historical research
purposes or statistical purposes in accordance with Article 83(1) in so far as the right
referred to in paragraph 1 is likely to render impossible or seriously impair the
achievement of the objectives of the archiving purposes in the public interest, or the
scientific and historical research purposes or the statistical purposes.
(e) for the establishment, exercise or defence of legal claims.
4. (…)
5. (…)
6. (…)
7. (…)
8. (…)
9. (…)
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Article 17a
Right to restriction of processing
1. The data subject shall have the right to obtain from the controller the restriction of the
processing of personal data where:
(a) the accuracy of the data is contested by the data subject, for a period enabling the
controller to verify the accuracy of the data;
(ab) the processing is unlawful and the data subject opposes the erasure of the data and
requests the restriction of their use instead;
(b) the controller no longer needs the personal data for the purposes of the processing, but
they are required by the data subject for the establishment, exercise or defence of legal
claims; or
(c) he or she has objected to processing pursuant to Article 19(1) pending the verification
whether the legitimate grounds of the controller override those of the data subject.
2. Where processing of personal data has been restricted under paragraph 1, such data may, with
the exception of storage, only be processed with the data subject's consent or for the
establishment, exercise or defence of legal claims or for the protection of the rights of another
natural or legal person or for reasons of important public interest of the Union or of a Member
State.
3. A data subject who obtained the restriction of processing pursuant to paragraph 1 shall be
informed by the controller before the restriction of processing is lifted.
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Article 17b
Notification obligation regarding rectification, erasure or restriction
The controller shall communicate any rectification, erasure or restriction of processing carried out
in accordance with Articles 16, 17(1) and 17a to each recipient to whom the data have been
disclosed, unless this proves impossible or involves disproportionate effort. The controller shall
inform the data subject about those recipients if the data subject requests this.
Article 18
Right to data portability
1. (…)
2. The data subject shall have the right to receive the personal data concerning him or her, which
he or she has provided to a controller, in a structured and commonly used and machine-
readable format and have the right to transmit those data to another controller without
hindrance from the controller to which the data have been provided, where:
(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of
Article 9 (2) or on a contract pursuant to point (b) of Article 6 (1); and
(b) the processing is carried out by automated means.
2a. (new) In exercising his or her right to data portability pursuant to paragraph 1, the data subject
has the right to obtain that the data is transmitted directly from controller to controller where
technically feasible.
2a. The exercise of this right shall be without prejudice to Article 17. The right referred to in
paragraph 2 shall not apply to processing necessary for the performance of a task carried out
in the public interest or in the exercise of official authority vested in the controller.
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2aa. The right referred to in paragraph 2 shall not adversely affect the rights and freedoms of
others.
3. (…)
SECTION 4
RIGHT TO OBJECT AND AUTOMATED INDIVIDUAL DECISION MAKING
Article 19
Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular
situation, at any time to the processing of personal data concerning him or her which is based
on points (e) or (f) of Article 6(1), including profiling based on these provisions. The
controller shall no longer process the personal data unless the controller demonstrates
compelling legitimate grounds for the processing which override the interests, rights and
freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have
the right to object at any time to the processing of personal data concerning him or her for
such marketing, which includes profiling to the extent that it is related to such direct
marketing.
2a. Where the data subject objects to the processing for direct marketing purposes, the personal
data shall no longer be processed for such purposes.
2b. (new) At the latest at the time of the first communication with the data subject, the right referred
to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and
shall be presented clearly and separately from any other information.
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2b. In the context of the use of information society services, and notwithstanding Directive
2002/58/EC, the data subject may exercise his or her right to object by automated means
using technical specifications.
2aa. Where personal data are processed for scientific and historical research purposes or statistical
purposes pursuant to Article 83(1), the data subject, on grounds relating to his or her
particular situation, shall have the right to object to processing of personal data concerning
him or her, unless the processing is necessary for the performance of a task carried out for
reasons of public interest.
3. (…).
Article 20
Automated individual decision making, including profiling
1. The data subject shall have the right not to be subject to a decision based solely on automated
processing, including profiling, which produces legal effects concerning him or her or
similarly significantly affects him or her.
1a. Paragraph 1 shall not apply if the decision:
(a) is necessary for entering into, or performance of, a contract between the data subject and
a data controller ; or
(b) is authorized by Union or Member State law to which the controller is subject and
which also lays down suitable measures to safeguard the data subject's rights and
freedoms and legitimate interests; or
(c) is based on the data subject's explicit consent.
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1b. In cases referred to in paragraph 1a (a) and (c) the data controller shall implement suitable
measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least
the right to obtain human intervention on the part of the controller, to express his or her point
of view and to contest the decision.
2. (…)
3. Decisions referred to in paragraph 1a shall not be based on special categories of personal data
referred to in Article 9(1), unless points (a) or (g) of Article 9(2) apply and suitable measures
to safeguard the data subject's rights and freedoms and legitimate interests are in place.
4. (…)
5. (…)
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