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EU institutions data protection regulation · Regulation (EU) 2018/1725

Article 15

Compare the available Commission, Council and Parliament texts and amendments affecting this article.

Article total: 1 part · 3 Council drafts · 5 Parliament amendments

Removed wording is struck through; added or replacement wording is highlighted.

Institutional text

The wording proposed by the Commission at the start of this legislative file.

Full article with Commission changes

Article with proposed changes

Official consolidated text dated 23 October 2018, with the Commission proposal change affecting this article applied.

Article 15

Information to be provided where personal data are collected from the data subject

  1. 1.

    Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:

    1. (a)

      the identity and the contact details of the controller;

    2. (b)

      the contact details of the data protection officer;

    3. (c)

      the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;

    4. (d)

      the recipients or categories of recipients of the personal data, if any;

    5. (e)

      where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 48, reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

  2. 2.

    In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing:

    1. (a)

      the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

    2. (b)

      the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or, where applicable, the right to object to processing or the right to data portability;

    3. (c)

      where the processing is based on point (d) of Article 5(1) or point (a) of Article 10(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

    4. (d)

      the right to lodge a complaint with the European Data Protection Supervisor;

    5. (e)

      whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

    6. (f)

      the existence of automated decision-making, including profiling, referred to in Article 24(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

  3. 3.

    Where the controller intends to further process the personal data for a purpose other than that for which the personal data were collected, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in paragraph 2.

  4. 4.

    Paragraphs 1, 2 and 3 shall not apply where and insofar as the data subject already has the information.

  5. 5.

    When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.

Commission source wording and instructions

Article 15(5)

Commission proposal

5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.

Institutional text

Council Presidency texts

Successive Presidency compromise texts. Their inclusion does not imply agreement or adoption.

Article 15(5)

June Presidency compromise · 10 June

Council wording reconstructed for this provision from the official operation

Competing proposals

European Parliament amendments

These are alternative tabled amendments. An amendment affecting several tracked parts appears once here, with each target identified.

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Remove proposed wording Amendment 1653 · Sibylle Berg, Martin Sonneborn ITRE · LIBE
5. in Article 15 the new paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.’
Justification

Adaptation in line with amendments to Regulation (EU) 2016/679

Preview
against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 5 / Regulation (EU) 2018/1725 / Article 15 – paragraph 5

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1654 · Pernando Barrena Arza, João Oliveira ITRE · LIBE
5. in Article 15 the new paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.’
Preview
against:
Source identification

The literal header reads Article 4 – paragraph 1 – point 5 / Regulation (EU) 2018/1725 / Artucle 15 – paragraph 5. Its typo is preserved; the proposal parent and matching target evidence independently support Regulation (EU) 2018/1725 Article 15(5).

Header printed in the source: Article 4 – paragraph 1 – point 5 / Regulation (EU) 2018/1725 / Artucle 15 – paragraph 5

Deletion marker printed in the source: deleted

Remove proposed wording Amendment 1655 · Marina Kaljurand, Elena Sancho Murillo, Brando Benifei, Birgit Sippel, Alex Agius Saliba, Francisco Assis, Elisabeth Grossmann, Kristian Vigenin, Matjaž Nemec ITRE · LIBE
5. in Article 15 the new paragraph 5 is added: 5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.’
Preview
against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 5 / Regulation (EU) 2018/1725 / Article 15 – paragraph 5

Deletion marker printed in the source: deleted

Alternative wording Amendment 1656 · Irena Joveva, Michael McNamara, Raquel García Hermida-Van Der Walle, Oihane Agirregoitia Martínez, Veronika Cifrová Ostrihoňová, Fabienne Keller ITRE · LIBE
5. When the further processing takes place for scientific research purposes, provided it is not used for commercial product development, advertising, marketing, profiling or the training of data processing models for commercial deployment, and where the controller does not possess or cannot reasonably obtain the contact details of the data subject without disproportionate effort, and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall document the reliance of this exception, make such documentation available to the supervisory authority upon request, and take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including makingannouncing the information publicly availableor informing the data subject without undue delay as soon as the conditions of this paragraph have ceased to exist.
Preview
against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 5 / Regulation (EU) 2018/1725 / Article 15 – paragraph 5

Alternative wording Amendment 1657 · Sebastian Tynkkynen, Diego Solier ITRE · LIBE
5. When the processing takes place for scientific research purposes and the provision of information referred to under paragraphs 1, 2 and 3 proves impossible or would involve a disproportionate effort, taking into account available technical and organisational means, subject to the conditions and safeguards referred to in Article 13 or in so far as the obligation referred to in paragraph 1 of this Article is likely to render impossible or seriously impair the achievement of the objectives of that processing, the controller does not need to provide the information referred to under paragraphs 1, 2 and 3. In such cases the controller shall take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available.
Preview
against:
Source identification

Header printed in the source: Article 4 – paragraph 1 – point 5 / Regulation (EU) 2018/1725 / Article 15 – paragraph 5