a) the processing is necessary to protect the vital interests of the child or
individual lacking the legal capacity to consent;
b) the processing is carried out for purposes of education or medical or
social care and is undertaken by or under the responsibility of a
professional or similar service provider owing a duty of confidentiality;
or
c) the processing is necessary for proceedings before a court relating to the
individual.
Article 17: Establishing data subject consent
1. A data controller shall bear the burden of proof for establishing a person’s
consent where any processing relies on consent under this Law.
Article 18: Provision of information to a data subject
1. A data controller shall ensure that a data subject is informed prior to
collection of the personal data of:
a) the identity of, and means of contacting, the data controller;
b) the specific basis of processing under article 14(2) and the purposes of
the processing;
c) the identity of any other entity or person with which the personal data
will be shared;
d) data subjects’ rights under Chapter IV and rights to lodge complaints
with the Authority in accordance with article 31; and
e) a description of any automated decision-making, including profiling,
significance, envisaged and the likely consequence of such automated
decision-making for the data subject.
1. Where the information provided for in sub-article 1 was not provided to the
data subject before collection, the data controller shall ensure that it is
provided as soon thereafter as possible.
2. Sub-articles 1 and 1 shall not apply if, but only to the extent that,
compliance would be impossible or would involve a disproportionate effort
or expense.
Article 19: Responsibility for data processors
1. A data controller shall keep a record of all data processors that process
personal data with respect to which it is a data controller, including data
processors engaged by other data processors.
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