(b)
41.
(1)
the data controller shall inform the data subject before lifting the restriction on
processing of the personal data.
Automated Individual Decision Making
Every data subject shall have the right
(a) not to be subject to a decision based solely on automated processing, including
profiling, which produces legal effects concerning him or significantly affects him;
(2)
(3)
(4)
(5)
42.
(1)
(2)
(3)
(4)
(5)
43.
(b)
obtain human intervention on the part of the data controller; and
(c)
express his views.
Sub-Article (1) of this Article shall not apply where the decision is:
(a) necessary for entering into, or performing, a contract between the data subject and
a data controller;
(b) authorized by a law to which the data controller is subject and which lays down
suitable measures to safeguard the data subject’s rights, freedoms and legitimate
interests; or
(c) based on the data subject’s explicit consent.
Any automated processing of personal data intended to evaluate certain personal
aspects relating to an individual shall not be based on sensitive personal data.
In the cases referred to in sub-Article (2) of this Article, the data to be provided by the
data controller under Article 34 of this Proclamation shall include data as to the
existence of processing for a decision of the kind referred to in sub-Article (1) of this
Article and the envisaged effects of such decision on the data subject.
In the cases referred to in sub-Article (2) lit. (a) or (c) of this Article, the data controller
shall implement suitable measures to safeguard the data subject’s rights, freedoms and
legitimate interests.
Right to Data Portability
A data subject has the right to receive personal data concerning him, which the data
subject has provided to a data controller or data processor, in a structured, commonly
used and machine-readable format.
A data subject has the right to transmit the data obtained under sub-Article (1) of this
Article, to another data controller or data processor without any hindrance.
Where technically possible, the data subject shall have the right to have the personal
data transmitted directly from one data controller or processor to another.
The right under this Article shall not apply in circumstances where:
(a) processing may be necessary for the performance of a task carried out in the public
interest or in the exercise of an official authority; or
(b) it may adversely affect the rights and freedoms of others.
A data controller or data processor shall comply with data portability requests, free of
charge and without excessive delay.
Exercise of Rights
20