Article 13
Information to be provided where personal data are collected from the data subject
(38) Whereas, if the processing of data is to be fair, the data subject must be in a position to learn of the existence of a processing operation and, where data are collected from him, must be given accurate and full information, bearing in mind the circumstances of the collection;
(39) Whereas certain processing operations involve data which the controller has not collected directly from the data subject; whereas, furthermore, data can be legitimately disclosed to a third party, even if the disclosure was not anticipated at the time the data were collected from the data subject; whereas, in all these cases, the data subject should be informed when the data are recorded or at the latest when the data are first disclosed to a third party;
(40) Whereas, however, it is not necessary to impose this obligation of the data subject already has the information; whereas, moreover, there will be no such obligation if the recording or disclosure are expressly provided for by law or if the provision of information to the data subject proves impossible or would involve disproportionate efforts, which could be the case where processing is for historical, statistical or scientific purposes; whereas, in this regard, the number of data subjects, the age of the data, and any compensatory measures adopted may be taken into consideration;
Regulation
Art. 13 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: (a) the identity and the contact details of the controller and, where applicable, of the controller's representative; (b) the contact details of the data protection officer, where applicable; (c) the purposes of the processing for which the personal data are intended as well as the legal basis for the processing; (d) where the processing is based on point (f) of Article 6(1), the legitimate interests pursued by the controller or by a third party; (e) the recipients or categories of recipients of the personal data, if any; (f) 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 46 or 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: (a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; (b) 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 processing as well as the right to data portability; (c) 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; (d) the right to lodge a complaint with a supervisory authority; (e) 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; (f) 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. |
Directive
Art. 10 Member States shall provide that the controller or his representative must provide a data subject from whom data relating to himself are collected with at least the following information, except where he already has it: (a) the identity of the controller and of his representative, if any; (b) the purposes of the processing for which the data are intended; (c) any further information such as - the recipients or categories of recipients of the data, - whether replies to the questions are obligatory or voluntary, as well as the possible consequences of failure to reply, - the existence of the right of access to and the right to rectify the data concerning him in so far as such further information is necessary, having regard to the specific circumstances in which the data are collected, to guarantee fair processing in respect of the data subject. |
Spain
Article 5.- Right of information in the collection of data.- Organic Law 15/1999 on the Protection of Personal data.- 1. Data subjects from who personal data are requested must previously be informed explicitly, precisely and unequivocally of the following: a) The existence of a file or personal data processing operation, the purpose of collecting the data, and the recipients of the information. b) The obligatory or voluntary nature of the reply to the questions put to them. c) The consequences of obtaining the data or of refusing to provide them. d) The possibility of exercising rights of access, rectification, erasure and objection. e) The identity and address of the controller or of his representative, if any. Where the controller is not established on the territory of the European Union, and he is using for the processing means situated on Spanish territory, he must, unless these means are being used for transit purposes, designate a representative in Spain, without prejudice to any action which may be taken against the controller himself. 2. Where questionnaires or other forms are used for collection, they must contain the warnings set out in the previous paragraph in a clearly legible form. 3. The information set out in subparagraphs (b), (c) and (d) of paragraph 1 shall not be required if its content can be clearly deduced from the nature of the personal data requested or the circumstances in which they are obtained. 4. Where the personal data have not been obtained from the data subject, he must be informed explicitly, precisely and unequivocally by the controller or his representative within three months from the recording of the data - unless he has been informed previously - of the content of the processing, the origin of the data, and the information set out in (a), (d) and (e) of paragraph 1 of this Article. 5. The provisions of the preceding paragraph shall not apply where explicitly provided for by law, when the processing is for historical, statistical or scientific purposes, or when it is not possible to inform the data subject, or where this would involve a disproportionate effort in the view of the Data Protection Agency or the corresponding regional body, in view of the number of data subjects, the age of the data and the possible compensatory measures. The provisions of the preceding paragraph shall also not apply where the data come from sources accessible to the public and are intended for advertising activity or market research, in which case each communication sent to the data subject shall inform him of the origin of the data, the identity of the controller and the rights of the data subject.
Article 12.2 Royal Decree Implementing the Organic Law 15/1999 When consent of the data subject is requested for the assignment of his data, he shall be informed in such a way as to understand unequivocally the purpose for which the relevant data shall be used and the type of activity performed by the recipient. Otherwise, consent shall be null and void.
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