(1)
(2)
(3)
(4)
59.
(1)
(2)
Where processing operations may result in a risk to the rights and freedoms of data
subjects by virtue of their nature, scope, context and purposes, every data controller or
data processor shall, prior to the processing, carry out an assessment of the impact of
the envisaged processing operations on the protection of personal data.
The processing operations referred to in sub-Article (1) of this Article are:
(a) a systematic and extensive evaluation of personal aspects relating to individuals
which is based on automated processing, including profiling, and on which
decisions are based that produce legal effects concerning the individual or
significantly affect the individual;
(b) processing on a large scale of sensitive personal data;
(c) a systematic monitoring of a publicly accessible area on a large scale; and
(d) any other processing operations for which consultation with the Commission is
required.
An assessment shall include:
(a) a systematic description of the envisaged processing operations and the purposes
of the processing, including, where applicable, the legitimate interest pursued by
the data controller or data processor;
(b) an assessment of the necessity and proportionality of the processing operations in
relation to the purposes;
(c) an assessment of the risks to the rights and freedoms of data subjects; and
(d) the measures envisaged to address the risks and the safeguards, security measures
and mechanisms to ensure the protection of personal data and to demonstrate
compliance with this Proclamation, taking into account the rights and legitimate
interests of data subjects and other persons concerned.
Where appropriate, the data controller or data processor shall seek the views of data
subjects on the intended processing, without prejudice to the protection of commercial
or public interests or the security of the processing operations.
Prior Authorization and Consultation
Every data controller or data processor shall obtain authorization from the Commission
prior to processing personal data in order to ensure compliance of the intended
processing with this Proclamation and in particular to mitigate the risks involved for
the data subjects where a data controller or data processor cannot provide for the
appropriate safeguards in relation to the transfer of personal data to a third party
jurisdiction.
The data controller or data processor shall consult the Commission prior to processing
personal data in order to ensure compliance of the intended processing with this
Proclamation and in particular to mitigate the risks involved for the data subjects where:
(a) a data protection impact assessment indicates that processing operations are by
virtue of their nature, scope or purposes, likely to present a high risk; or
(b) the Commission considers it necessary to carry out a prior consultation on
processing operations that are likely to present a high risk to the rights and
freedoms of data subjects by virtue of their nature, scope or purposes.
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