2. Updated with HTML version of The Green Book 2020. Where personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information: the categories of personal data concerned; where applicable, that the controller intends to transfer personal data to a recipient in 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 Article46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means to obtain a copy of them or where they have been made available. Designation of the data protection officer. The right referred to in paragraph1 shall not adversely affect the rights and freedoms of others. The key to inclusion is accessibility. Those criminal penalties may also allow for the deprivation of the profits obtained through infringements of this Regulation. 2. Public authorities or public or private bodies that hold records of public interest should be services which, pursuant to Union or Member State law, have a legal obligation to acquire, preserve, appraise, arrange, describe, communicate, promote, disseminate and provide access to records of enduring value for general public interest. Research and statistics. In the absence of an adequacy decision, Union or MemberState law may, for important reasons of public interest, expressly set limits to the transfer of specific categories of data to a third country or an international organisation. 1. Adherence to approved codes of conduct as referred to in Article40 or approved certification mechanisms as referred to in Article42 may be used as an element by which to demonstrate compliance with the obligations of the controller. Alternatively, such proceedings may be brought before the courts of the MemberState where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a MemberState acting in the exercise of its public powers. The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and help controllers and processors to meet their data-protection obligations. To ascertain whether means are reasonably likely to be used to identify the natural person, account should be taken of all objective factors, such as the costs of and the amount of time required for identification, taking into consideration the available technology at the time of the processing and technological developments. Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union and the controller or processor is established in more than one MemberState, or where processing taking place in the context of the activities of a single establishment of a controller or processor in the Union substantially affects or is likely to substantially affect data subjects in more than one Member State, the supervisory authority for the main establishment of the controller or processor or for the single establishment of the controller or processor should act as lead authority. 9. The final decision shall attach the decision referred to in paragraph1 of this Article. In particular, the controller should be obliged to implement appropriate and effective measures and be able to demonstrate the compliance of processing activities with this Regulation, including the effectiveness of the measures. In any case, the application of the principles set out in this Regulation and in particular the information of the data subject on those other purposes and on his or her rights including the right to object, should be ensured. 8. The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. However, a national court may not refer a question on the validity of the decision of the Board at the request of a natural or legal person which had the opportunity to bring an action for annulment of that decision, in particular if it was directly and individually concerned by that decision, but had not done so within the period laid down in Article263TFEU. The confidential information which the Union and national statistical authorities collect for the production of official European and official national statistics should be protected. In assessing data security risk, consideration should be given to the risks that are presented by personal data processing, such as accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed which may in particular lead to physical, material or non-material damage. 1. Updated for 2022. The supervisory authority shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request. 2, s. 16 (1). An approved certification mechanism pursuant to Article42 may be used as an element to demonstrate compliance with the requirements set out in paragraphs1 and 2 of this Article. In the context of the use of information society services, and notwithstanding Directive2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications. 4. Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe.. Science may be as old as the human species, and some of the earliest archeological evidence for scientific reasoning is tens of thousands of years old. 2. Updated with HTML version of The Green Book 2020. Public access to official documents may be considered to be in the public interest. Article 16(2) TFEU mandates the European Parliament and the Council to lay down the rules relating to the protection of natural persons with regard to the processing of personal data and the rules relating to the free movement of personal data. In order to provide a strong and coherent data protection framework in the Union, the necessary adaptations of Regulation (EC) No45/2001 should follow after the adoption of this Regulation, in order to allow application at the same time as this Regulation. The Commission may decide with effect for the entire Union that a third country, a territory or specified sector within a third country, or an international organisation, offers an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union as regards the third country or international organisation which is considered to provide such level of protection. The supervisory authority shall apply the consistency mechanism referred to in Article63 in the cases referred to in paragraph3 of this Article. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. Member States shall notify such provisions to the Commission. CHAPTER 2 Citizenship and Franchise. Consultations and strategy. The supervisory authority shall establish and make public a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment pursuant to paragraph1. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article5 thereof, shall apply. 3. compliance with the request would infringe this Regulation or Union or MemberState law to which the supervisory authority receiving the request is subject. 5. The Commission should evaluate, within a reasonable time, the functioning of the latter decisions and report any relevant findings to the Committee within the meaning of Regulation (EU) No182/2011 of the European Parliament and of the Council(12) as established under this Regulation, to the European Parliament and to the Council. 2. Derogating from the prohibition on processing special categories of personal data should also be allowed when provided for in Union or Member State law and subject to suitable safeguards, so as to protect personal data and other fundamental rights, where it is in the public interest to do so, in particular processing personal data in the field of employment law, social protection law including pensions and for health security, monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health. 1. The Commission should monitor the functioning of decisions on the level of protection in a third country, a territory or specified sector within a third country, or an international organisation, and monitor the functioning of decisions adopted on the basis of Article25(6) or Article26(4) of Directive95/46/EC. 2. 4. 5. 1. The legitimate interests of a controller, including those of a controller to which the personal data may be disclosed, or of a third party, may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding, taking into consideration the reasonable expectations of data subjects based on their relationship with the controller. 5. In addition to the specific requirements for such processing, the general principles and other rules of this Regulation should apply, in particular as regards the conditions for lawful processing. 1. To meet the specificities of processing personal data for scientific research purposes, specific conditions should apply in particular as regards the publication or otherwise disclosure of personal data in the context of scientific research purposes. The Commission may, by way of implementing acts, decide that the approved code of conduct, amendment or extension submitted to it pursuant to paragraph8 of this Article have general validity within the Union. The Board should act independently when performing its tasks. Consent should cover all processing activities carried out for the same purpose or purposes. 7. However, the right to an effective judicial remedy does not encompass measures taken by supervisory authorities which are not legally binding, such as opinions issued by or advice provided by the supervisory authority. Compliance with these rules shall be subject to control by an independent authority. 31. A data protection impact assessment is equally required for monitoring publicly accessible areas on a large scale, especially when using optic-electronic devices or for any other operations where the competent supervisory authority considers that the processing is likely to result in a high risk to the rights and freedoms of data subjects, in particular because they prevent data subjects from exercising a right or using a service or a contract, or because they are carried out systematically on a large scale. 6. The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data. 2. demonstrated, to the satisfaction of the competent supervisory authority, that their tasks and duties do not result in a conflict of interests. 7. The responsibility and liability of the controller for any processing of personal data carried out by the controller or on the controller's behalf should be established. 3. 2. The competent supervisory authority shall revoke the accreditation of a body as referred to in paragraph1 if the conditions for accreditation are not, or are no longer, met or where actions taken by the body infringe this Regulation. (11)Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16December2008 on Community statistics on public health and health and safety at work (OJL 354, 31.12.2008, p. 70). In particular, that Directive should not apply to documents to which access is excluded or restricted by virtue of the access regimes on the grounds of protection of personal data, and parts of documents accessible by virtue of those regimes which contain personal data the re-use of which has been provided for by law as being incompatible with the law concerning the protection of natural persons with regard to the processing of personal data. AND WHEREAS, by that Covenant, Australia has undertaken to adopt such legislative The data subject shall have the right to withdraw his or her consent at any time. 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. Also where a data subject not residing in that MemberState has lodged a complaint, the supervisory authority with which such complaint has been lodged should also be a supervisory authority concerned. Having regard to the Treaty on the Functioning of the European Union, and in particular Article16 thereof. Transparency. A supervisory authority requesting mutual assistance may adopt a provisional measure if it receives no response to a request for mutual assistance within one month of the receipt of that request by the other supervisory authority. The Chair of the Board shall notify, without undue delay, the decision referred to in paragraph 1 to the supervisory authorities concerned. 2. Each supervisory authority shall draw up an annual report on its activities, which may include a list of types of infringement notified and types of measures taken in accordance with Article58(2). Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information. 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