Resource Page Lesson Day 7 - Privacy Notice

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GDPR Referrals

Art. 12 GDPR

data subject

1. 1The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child.

2. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means.

3. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.

   1. The controller shall facilitate the exercise of data subject rights under Articles 15 to 22.

   2. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject.

4. The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request.

5. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

6. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay.

7. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

8. If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

9. 1Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge.

10. Where requests from a data subject are manifestly unfounded or excessive, in particular, because of their repetitive character, the controller may either:

    1. charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested, or

    2. refuse to act on the request.

11. The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

12. Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

13. The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. 2Where the icons are presented electronically they shall be machine-readable.

14. The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons.

Suitable Recitals

(58) The principle of transparency

(59) Procedures for the exercise of the rights of the data subjects

(60) Information obligation

(73) Restrictions of rights and principles

Art. 13 GDPR

Information to be provided where personal data are collected from the data subject

1. Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:

   1. the identity and the contact details of the controller and, where applicable, of the controller’s representative;

   2. the contact details of the data protection officer, where applicable;

   3. the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

   4. where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party;

   5. the recipients or categories of recipients of the personal data, if any;

   6. where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

2. In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

   1. the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

   2. the existence of the right to request from the Controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to the processing as well as the right to data portability;

   3. where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

   4. the right to lodge a complaint with a supervisory authority;

   5. whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

   6. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.

3. Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

4. Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

Suitable Recitals

(60) Information obligation

(61) Time of information

(62) Exceptions to the obligation to provide information

Recital 60

Information obligation*

1The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. 2The controller should provide the data subject with any further information necessary to ensure fair and transparent processing taking into account the specific circumstances and context in which the personal data are processed. 3Furthermore, the data subject should be informed of the existence of profiling and the consequences of such profiling. 4Where the personal data are collected from the data subject, the data subject should also be informed whether he or she is obliged to provide the personal data and of the consequences, where he or she does not provide such data. 5That information may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner, a meaningful overview of the intended processing. 6Where the icons are presented electronically, they should be machine-readable.

information*

1The information in relation to the processing of personal data relating to the data subject should be given to him or her at the time of collection from the data subject, or, where the personal data are obtained from another source, within a reasonable period, depending on the circumstances of the case. 2Where personal data can be legitimately disclosed to another recipient, the data subject should be informed when the personal data are first disclosed to the recipient. 3Where the controller intends to process the personal data for a purpose other than that for which they were collected, the controller should provide the data subject prior to that further processing with information on that other purpose and other necessary information. 4Where the origin of the personal data cannot be provided to the data subject because various sources have been used, general information should be provided.

Recital 62

Exceptions to the obligation to provide information*

1However, it is not necessary to impose the obligation to provide information where the data subject already possesses the information, where the recording or disclosure of the personal data is expressly laid down by law or where the provision of information to the data subject proves to be impossible or would involve a disproportionate effort. 2The latter could in particular be the case where processing is carried out for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes. 3In that regard, the number of data subjects, the age of the data and any appropriate safeguards adopted should be taken into consideration.

* This title is an unofficial description.