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What Needs to be Done Prior to Collection
Contact the data subject
Contact the Commission
Art. 19
(1) In cases,
where personal data is collected by the person to whom they relate,
the administrator or his/her representative shall be obliged to
provide to that person:
1. data
identifying the administrator and his/her representative;
2. the purposes of
personal data processing;
3. the recipients
or categories of recipients, to whom such personal data may be
revealed;
4. data on the
compulsory or voluntary nature of data provision and the
consequences if such provide is denied;
5. information
concerning the right of access and the right of correcting collected
data.
(2) The data under
para. 1 shall not be provided, if the physical person, to whom they
relate, has them already available or if there is an explicit
prohibition for their provision provided by law.
Contact the Commission
Obligations of the Personal Data Administrator
Art. 17
(1) The personal
data administrator shall be obliged to lodge an application for
registration, if at least one of the following conditions exists:
1. the
administrator is involved in personal data processing revealing
racial or ethnical
origin, political,
religious or philosophic views, membership in political parties or
organizations, associations with religious, philosophic, political
or trade-union purposes, as well as personal data referring to
health, sexual life or to human genome;
2. he/she is
processing data to exercise of powers provided by law;
3. he/she is
maintaining a register comprising data about not less than 100
physical persons;
4. he/she has
received compulsory instruction on registration made by the
Commission.
(2) An
administrator may register also voluntarily, not having the
obligation to do so.
Duty to Register
Art. 18
(1) The
administrator or his/her representative shall lodge an application
for registration under Art. 17 and documents upon a model approved
by the Commission, in advance of beginning personal data processing.
(2) The
application shall comprise:
1. data
identifying the personal data administrator and his/her
representative, if available;
2. the purposes of
personal data processing;
3. the categories
of physical persons subject to data processing, and the categories
of personal data referring to them;
4. the recipients
or categories of recipients to whom such personal data may be
revealed;
5. the provision
of data as provided in foreign states;
6. a general
description of the measures undertaken under Art. 23 enabling
preliminary assessment concerning their advisability.
(3) The
administrator shall notify the Commission of any modification of
data under para. 2 in advance to its realization. In cases, where
such modification was provided by law, the notification shall be
made within 7 days of the entry into force of the relevant act.
(4) In cases,
where the administrator has not been entered in the register under
Art. 10 para. 1, p. 2, he/she shall be obliged to provide the data
under para. 2 to any person, on demand.
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