Disclosures when not collecting data directly from the data subject 22. (1) Where the personal data is not collected from the data subject himself/herself, the controller or his/her representative must provide the data subject with at least the information set out below when recording the personal data or considering communication to a third party, and at the very latest when the data is first disclosed, unless it is established that the data subject is in receipt of such information: (a) the name and address of the controller and of his/her representative, if any; (b) the purposes of the processing; (c) whether compliance with the request for information is compulsory or not, as well as what the consequences of the failure to comply are; (d) the existence of the a right to object, by request and free of charge, to the intended processing of personal data relating to him/her, if it is obtained for the purposes of direct marketing; in which that case, the data subject shall must be informed prior to the first disclosure of the personal data to a third party or prior to the first use of the data for the purposes of direct marketing on behalf of third parties; (e) Taking in account the specific circumstances in which the data is collected, any supporting information, as necessary to ensure fair processing such as: (i) the categories of data concerned, (ii) the recipients or categories of recipients of the data, (iii) the existence of the right to access and rectify the personal data relating to him/her, unless such additional information, taking into account the specific circumstances in which the data is provided, is not necessary to guarantee fair processing with respect to the data subject. (f) other information dependent on the specific nature of the processing, which is specified by the Authority. Draft Data Protection Bill Version 1.0 33

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