03/02/2020
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2. In the circumstances referred to in paragraph 1(c), the controller must designate a representative
established in the territory of that Member State, without prejudice to legal actions which could be
initiated against the controller himself.’
7 In Section I (entitled ‘Principles relating to data quality’) of Chapter II of Directive 95/46, Article 6 is
worded as follows:
‘1. Member States shall provide that personal data must be:
(a) processed fairly and lawfully;
(b) collected for specified, explicit and legitimate purposes and not further processed in a way
incompatible with those purposes. Further processing of data for historical, statistical or scientific
purposes shall not be considered as incompatible provided that Member States provide
appropriate safeguards;
(c) adequate, relevant and not excessive in relation to the purposes for which they are collected
and/or further processed;
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure
that data which are inaccurate or incomplete, having regard to the purposes for which they were
collected or for which they are further processed, are erased or rectified;
(e) kept in a form which permits identification of data subjects for no longer than is necessary for the
purposes for which the data were collected or for which they are further processed. Member
States shall lay down appropriate safeguards for personal data stored for longer periods for
historical, statistical or scientific use.
2. It shall be for the controller to ensure that paragraph 1 is complied with.’
8 In Section II (entitled ‘Criteria for making data processing legitimate’) of Chapter II of Directive
95/46, Article 7 provides:
‘Member States shall provide that personal data may be processed only if:
...
(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by
the third party or parties to whom the data are disclosed, except where such interests are
overridden by the interests [or] fundamental rights and freedoms of the data subject which require
protection under Article 1(1).’
9 Article 9 of Directive 95/46, entitled ‘Processing of personal data and freedom of expression’,
provides:
‘Member States shall provide for exemptions or derogations from the provisions of this Chapter,
Chapter IV and Chapter VI for the processing of personal data carried out solely for journalistic
purposes or the purpose of artistic or literary expression only if they are necessary to reconcile the right
to privacy with the rules governing freedom of expression.’
10 Article 12 of Directive 95/46, entitled ‘Rights of access’, provides:
‘Member States shall guarantee every data subject the right to obtain from the controller:
...
(b) as appropriate the rectification, erasure or blocking of data the processing of which does not
comply with the provisions of this Directive, in particular because of the incomplete or inaccurate
nature of the data;
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