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For your knowledge, we report Article 6 of the GDPR Regulation which explains the lawful reasons for data processing, Article 7 governing consent and Articles 15 to 22 which govern the exercise of your rights.
Article 6
Lawfulness of processing
1. The treatment is lawful only if and to the extent that at least one of the following conditions occurs:
a) the interested party has given consent to the processing of their personal data for one or more specific purposes;
b) the processing is necessary for the execution of a contract of which the interested party is a party or for the execution of pre-contractual measures adopted at the request of the same;
c) processing is necessary to fulfill a legal obligation to which the data controller is subject;
d) the processing is necessary for the protection of the vital interests of the interested party or of another natural person;
e) the processing is necessary for the execution of a task of public interest or connected to the exercise of public powers with which the data controller is invested;
f) processing is necessary for the pursuit of the legitimate interest of the data controller or third parties, provided that interests or rights do not prevail
and the fundamental freedoms of the data subject that require the protection of personal data, in particular if the data subject is a minor.
Letter f) of the first paragraph does not apply to the processing of data carried out by public authorities in the execution of their tasks.
2. Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to treatment, in accordance with points (c) and (e) of paragraph 1, determining more precisely specific requirements for processing and other measures aimed at guaranteeing lawful and correct treatment also for the other specific treatment situations referred to in Chapter IX.
3. The basis on which the data processing referred to in paragraph 1, letters c) and e) is based, must be established:
a) by Union law; or
b) by the law of the Member State to which the data controller is subject.
The purpose of the processing is determined in this legal basis or, as regards the processing referred to in paragraph 1, letter e), it is necessary for the execution of a task carried out in the public interest or connected to the exercise of public powers of which the data controller is invested. This legal basis may contain specific provisions to adapt the application of the rules of this regulation, including: the general conditions relating to the lawfulness of the processing by the data controller; the types of data being processed; interested parties; the subjects to whom personal data may be communicated and the purposes for which they are communicated; the limitations of the purpose, the retention periods and the processing operations and procedures, including the measures to guarantee a lawful and correct treatment, such as those for other specific treatment situations referred to in Chapter IX. Union or Member State law pursues a public interest objective and is proportionate to the legitimate objective pursued.
4. Where the processing for a purpose other than that for which the personal data was collected is not based on the consent of the interested party or on a legislative act of the Union or of the Member States which constitutes a necessary and proportionate measure in a democratic society for safeguarding the objectives referred to in Article 23, paragraph 1, in order to verify whether the processing for another purpose is compatible with the purpose for which the personal data were initially collected, the data controller takes into account, between the other:
a) any connection between the purposes for which the personal data were collected and the purposes of the further processing envisaged;
b) of the context in which the personal data were collected, in particular in relation to the relationship between the interested party and the data controller;
c) the nature of personal data, especially if particular categories of personal data are processed pursuant to Article 9, or if data relating to criminal convictions and crimes pursuant to Article 10 are processed;
d) of the possible consequences of the further treatment provided for the interested parties;
e) of the existence of adequate guarantees, which may include encryption or pseudonymisation.
Article 7
Conditions for consent
1. If the treatment is based on consent, the data controller must be able to demonstrate that the interested party has given his consent to the processing of his personal data.
2. If the consent of the interested party is given in the context of a written declaration that also concerns other issues, the request for consent is presented in a clearly distinguishable manner from the other subjects, in an understandable and easily accessible form, using simple and clear language. No part of such a statement constituting a violation of this regulation is binding.
3. The interested party has the right to withdraw his consent at any time. The withdrawal of consent does not affect the lawfulness of the treatment based on consent before the revocation. Before expressing his consent, the interested party is informed of this. Consent is revoked with the same ease with which it is granted.
4. In assessing whether the consent has been freely given, the utmost consideration is taken of the possibility, among others, that the execution of a contract, including the provision of a service, is conditioned by the provision of consent to the processing of personal data not necessary for the execution of this contract.
For your knowledge, we report the articles of the GDPR Regulation governing access to your rights.
Article 15
Right of access of the interested party
1. The interested party has the right to obtain from the data controller confirmation that personal data concerning him or her is being processed and in this case, to obtain access to personal data and to the following information:
a) the purposes of the treatment;
b) the categories of personal data in question;
c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular if recipients from third countries or international organizations;
d) when possible, the expected retention period of personal data or, if not possible, the criteria used to determine this period;
e) the existence of the right of the interested party to ask the data controller to rectify or delete personal data or limit the processing of personal data concerning him or to oppose their treatment;
f) the right to lodge a complaint with a supervisory authority;
g) if the data are not collected from the data subject, all information available on their origin;
h) the existence of an automated decision-making process, including the profiling referred to in Article 22, paragraphs 1 and 4, and, at least in such cases, significant information on the logic used, as well as the importance and expected consequences of such treatment for the ‘interested.
2. If personal data are transferred to a third country or to an international organization, the interested party has the right to be informed of the existence of adequate guarantees pursuant to article 46 relating to the transfer.
3. The data controller provides a copy of the personal data being processed. In the event of further copies requested by the interested party, the data controller can charge a reasonable expense contribution based on administrative costs. If the interested party submits the request by electronic means, and unless otherwise indicated by the interested party, the information is provided in a commonly used electronic format.
4. The right to obtain a copy referred to in paragraph 3 must not infringe the rights and freedoms of others.
Article 16
Right to rectification
The interested party has the right to obtain from the data controller the correction of inaccurate personal data concerning him without undue delay. Taking into account the purposes of the processing, the interested party has the right to obtain the integration of incomplete personal data, also by providing an additional declaration.
Article 17
Right to erasure (“right to be forgotten”)
1. The interested party has the right to obtain from the data controller the cancellation of personal data concerning him without undue delay and the data controller has the obligation to delete personal data without undue delay, if one of the following reasons exists:
a) personal data are no longer necessary with respect to the purposes for which they were collected or otherwise processed;
b) the interested party revokes the consent on which the treatment is based in accordance with article 6, paragraph 1, letter a), or article 9, paragraph 2, letter a), and if there is no other legal basis for the treatment;
c) the interested party opposes the treatment pursuant to Article 21, paragraph 1, and there is no prevailing legitimate reason to proceed with the treatment, or he opposes the treatment pursuant to Article 21, paragraph 2;
d) personal data have been unlawfully processed;
e) personal data must be erased to fulfill a legal obligation under Union or Member State law to which the data controller is subject;
f)personal data have been collected in relation to the offer of information society services referred to in Article 8, paragraph 1.
2. The data controller, if he has made personal data public and is obliged, pursuant to paragraph 1, to delete it, taking into account the available technology and implementation costs, adopts reasonable measures, including technical, to inform the data controllers that they are by processing the personal data of the request of the interested party to delete any link, copy or reproduction of his personal data.
3. Paragraphs 1 and 2 do not apply to the extent that processing is necessary:
a) for the exercise of the right to freedom of expression and information;
b) for the fulfillment of a legal obligation that requires the treatment provided for by Union or Member State law to which the data controller is subject or for the execution of a task carried out in the public interest or in the exercise of public powers of which the data controller is invested;
c) for reasons of public interest in the public health sector in accordance with article 9, paragraph 2, letters h) and i), and article 9, paragraph 3;
d) for archiving purposes in the public interest, for scientific or historical research or for statistical purposes in accordance with Article 89 (1), insofar as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of its objectives treatment;
e) for the assessment, exercise or defense of a right in court.
Article 18
Right to limitation of treatment
1. The interested party has the right to obtain the limitation of the processing from the data controller when one of the following hypotheses occurs:
a) the interested party disputes the accuracy of personal data, for the period necessary for the data controller to verify the accuracy of such personal data;
b) the processing is illegal and the interested party opposes the cancellation of personal data and instead requests that their use be limited;
c) although the data controller no longer needs it for processing purposes, personal data are necessary for the interested party to ascertain, exercise or defend a right in court;
d)the interested party opposed the treatment pursuant to Article 21, paragraph 1, pending verification of the possible prevalence of the legitimate reasons of the data controller with respect to those of the interested party.
2. If the processing is limited pursuant to paragraph 1, these personal data are processed, except for storage, only with the consent of the interested party or for the assessment, exercise or defense of a right in court or for protect the rights of another natural or legal person or for reasons of significant public interest of the Union or of a Member State.
3. The interested party who obtained the limitation of treatment pursuant to paragraph 1 is informed by the data controller before said limitation is lifted.
Article 19
Obligation to notify in case of rectification or cancellation of personal data or limitation of treatment
The data controller informs each of the recipients to whom the personal data have been transmitted of any corrections or cancellations or limitations of the processing carried out pursuant to Article 16, Article 17, paragraph 1, and Article 18, unless this proves impossible or involves a disproportionate effort. The data controller communicates these recipients to the interested party if the interested party requests it.
Article 20
Right to data portability
1. The interested party has the right to receive in a structured format, commonly used and readable by an automatic device, the personal data concerning him provided to a data controller and has the right to transmit these data to another data controller without impediments from part of the data controller to whom you provided them if:
a) the processing is based on consent pursuant to article 6, paragraph 1, letter a), or to article 9, paragraph 2, letter a), or on a contract pursuant to article 6, paragraph 1, letter b) ;
b) the treatment is carried out by automated means.
2. In exercising their rights relating to data portability pursuant to paragraph 1, the interested party has the right to obtain the direct transmission of personal data from one controller to the other, if technically feasible.
3. The exercise of the right referred to in paragraph 1 of this article is without prejudice to article 17. This right does not apply to the processing necessary for the performance of a task in the public interest or connected with the exercise of public powers with which it is invested the data controller.
4. The right referred to in paragraph 1 must not infringe the rights and freedoms of others.
Article 21
Right to object
1. The interested party has the right to object at any time, for reasons related to his particular situation, to the processing of personal data concerning him pursuant to Article 6, paragraph 1, letters e) of), including profiling on the basis of those provisions. The data controller refrains from further processing personal data unless he demonstrates the existence of binding legitimate reasons to proceed with the processing that prevail over the interests, rights and freedoms of the interested party or for the assessment, exercise or the defense of a right in court.
2. If personal data are processed for direct marketing purposes, the interested party has the right to object at any time to the processing of personal data concerning him / her carried out for these purposes, including profiling to the extent that it is connected to such direct marketing.
3. If the interested party objects to the processing for direct marketing purposes, personal data are no longer processed for these purposes.
4. The right referred to in paragraphs 1 and 2 is explicitly brought to the attention of the interested party and is presented clearly and separately from any other information at the latest at the time of the first communication with the interested party.
5. In the context of the use of information society services and without prejudice to Directive 2002/58 / EC, the interested party can exercise his right of opposition with automated means that use technical specifications.
6. If personal data are processed for scientific or historical research purposes or for statistical purposes pursuant to article 89, paragraph 1, the interested party, for reasons related to his particular situation, has the right to object to the processing of personal data which concerns, except if the processing is necessary for the performance of a public interest task.
Article 22
Automated decision-making process relating to natural persons, including profiling
1. The interested party has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which similarly significantly affects his person.
2. Paragraph 1 does not apply if the decision:
a) is necessary for the conclusion or execution of a contract between the interested party and a data controller;
b) is authorized by Union or Member State law to which the data controller is subject, which also specifies adequate measures to protect the data subject’s rights, freedoms and legitimate interests;
c) is based on the explicit consent of the interested party.
3. In the cases referred to in paragraph 2, letters a) and c), the data controller shall implement appropriate measures to protect the data subject’s rights, freedoms and legitimate interests, at least the right to obtain human intervention by the data controller , to express their opinion and contest the decision.
4. The decisions referred to in paragraph 2 are not based on the particular categories of personal data referred to in Article 9 (1), unless Article 9 (2) (a) or (g) applies, and does not adequate measures are in place to protect the data subject’s rights, freedoms and legitimate interests.
