Cyber Security and Data Protection
(f)
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other information dependent on the specific nature of the processing, as
specified by the Authority.
Disclosures when not collecting data directly from data subject
(1) Where the data is not collected from the data subject, the controller or his
or her representative shall provide the data subject with at least the information set out
below when recording the data or considering communication to a third party, 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 or 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 right to object, by request and free of charge, to the
intended processing of data relating to him or her, if it is obtained for
the purposes of direct marketing; in which case, the data subject shall be
informed prior to the first disclosure of the 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 into 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 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.
(2) The provisions of subsection (1) shall not apply where—
(a) informing the data subject proves impossible or would involve a
disproportionate effort, in particular for data collected for statistical
purposes or for the purpose of historical or scientific research, or for the
purpose of medical examination of the population with a view to protecting
and promoting public health; or
(b) data is recorded or provided in terms of the law.
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(3) The Authority shall establish the conditions for the application of this
section.
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Authority to process
Any person having access to the data and acting under the authority of the controller
or of the processor, as well as the processor himself or herself, may process data only
as instructed by the controller, without prejudice to any duty imposed by law.
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Security
(1) In order to safeguard the security, integrity and confidentiality of the data, the
controller or his or her representative, if any, or the processor, shall take the appropriate
technical and organisational measures that are necessary to protect data from negligent
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