eu-charter

Carta dos Direitos Fundamentais da UE

Artigo 8.o - Protecção de dados pessoais

Artigo 8.o - Protecção de dados pessoais

1. Todas as pessoas têm direito à protecção dos dados de carácter pessoal que lhes digam respeito.

2. Esses dados devem ser objecto de um tratamento leal, para fins específicos e com o consentimento da pessoa interessada ou com outro fundamento legítimo previsto por lei. Todas as pessoas têm o direito de aceder aos dados coligidos que lhes digam respeito e de obter a respectiva rectificação.

3. O cumprimento destas regras fica sujeito a fiscalização por parte de uma autoridade independente.

  • Text:

    Este artigo baseou-se no artigo 286.o do Tratado que institui a Comunidade Europeia e na Directiva 95/46/CE do Parlamento Europeu e do Conselho, relativa à protecção das pessoas singulares no que diz respeito ao tratamento de dados pessoais e à livre circulação desses dados (JO L 281 de 23.11.1995, p. 31), bem como no artigo 8.o da CEDH e na Convenção do Conselho da Europa para a Protecção das Pessoas relativamente ao Tratamento Automatizado de Dados de Carácter Pessoal, de 28 de Janeiro de 1981, ratificada por todos os Estados-Membros. O artigo 286.o do Tratado CE é substituído pelo artigo 16.o do Tratado sobre o Funcionamento da União Europeia e pelo artigo 39.o do Tratado da União Europeia. É também feita referência ao Regulamento (CE) n.o 45/2001 do Parlamento Europeu e do Conselho, relativo à protecção das pessoas singulares no que diz respeito ao tratamento de dados pessoais pelas instituições e pelos órgãos comunitários e à livre circulação desses dados (JO L 8 de 12.1.2001, p. 1). A directiva e o regulamento citados prevêem as condições e restrições aplicáveis ao exercício do direito à protecção de dados pessoais.

    Source:
    Jornal Oficial da União Europeia C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    As presentes anotações, inicialmente elaboradas sob a responsabilidade do Praesidium da Convenção que redigiu a Carta dos Direitos Fundamentais da União Europeia, foram actualizadas sob a responsabilidade do Praesidium da Convenção Europeia, à luz das adaptações ao texto (nomeadamente aos artigos 51.o e 52.o) da Carta introduzidas pela Convenção Europeia e da evolução do direito da União. Embora não tenham em si força de lei, constituem um valioso instrumento de interpretação destinado a clarificar as disposições da Carta.
  • Group of Members of the National Assembly
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Constitutional Court of the Republic of Slovenia
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:SI:USRS:2023:U.I.144.19
  • Meta Platforms Inc and Others v Bundeskartellamt
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    Consumers
    ECLI (European case law identifier):
    ECLI:EU:C:2023:537
  • Employee vs. Employer
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Federal Labour Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:DE:BAG:2023:290623.U.2AZR296.22.0
  • European Commission v Republic of Poland
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    ECLI (European case law identifier):
    ECLI:EU:C:2023:442
  • Burundi national (asylum seeker) v. Ministry of the Interior
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Administrative Court of the Republic of Slovenia
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:SI:UPRS:2023:I.U.443.2023.17
  • Attorney-General against the judgement in summary proceedings by the District Court of The Hague on 27 September 2012, in the interest of the interpretation of the law
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:NL:HR:2023:658
  • Jens Hermans, Karin Verelst and C.U.; and others Association without lucrative purpose «Association de Promotion des Droits Humains et des Minorités» Versus The Flemish Government; The United College oCommon Community Commissionf the
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Constitutional Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:BE:GHCC:2023:ARR.026
  • RE. The application of N.M. from Nicosia for the issue of a Certioriary Order
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:CY:AD:2023:D50
  • Singular person vs. Wikimedia Foundation, Inc. and unknown
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Court of Appeal of Lisbon
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Criminal proceedings against V.S.
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Fifth Chamber)
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    ECLI (European case law identifier):
    ECLI:EU:C:2023:49

75 results found

  • Act No. 428 of 2002 on personal data protection
    País:
    Slovakia

    Section 1(1) This Act regulatesa) protection of personal data of natural persons in the course of their processing, b) principles of personal data processing, c) security of personal data, d) protection of the rights of data subjects, e) transborder personal data flow, f) registration and keeping of records of filing systems, g) establishment, status and scope of powers of the Office for Personal Data Protection of the Slovak Republic (hereinafter the “Office”) (...)

  • Constitution of the Slovak Republic
    País:
    Slovakia

    Article 19 (...) (3) Everyone has the right to protection against unauthorized collection, publication, or other misuse of personal data.

  • Ústava Slovenskej republiky
    País:
    Slovakia

    Čl. 19 (...) (3) Každý má právo na ochranu pred neoprávneným zhromažďovaním, zverejňovaním alebo iným zneužívaním údajov o svojej osobe.

  • Law No. 677/2001 on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data, amended and completed
    País:
    Romania

    Article 1: Purpose (1) The purpose of this law is to guarantee and protect the individual’s fundamental rights and freedoms, especially the right to personal, family and private life, with regard to the processing of personal data.

  • Law no.506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector
    País:
    Romania

    Article 4: (1) The confidentiality of communications and the related traffic data by means of public electronic communications networks and publicly available electronic communications services is guaranteed. (2) Listening, tapping, storage or other kinds of interception or surveillance of communications and the related traffic data are prohibited, except for the following cases: a) these operations are carried out by the users who participate in that communication; b) the users who participate in that communication have previously given their written consent; c) these operations are carried out by the competent authorities, under the conditions set out by the legal provisions in force.

  • Lege nr. 506 din 17 noiembrie 2004 privind prelucrarea datelor cu caracter personal şi protecţia vieţii private în sectorul comunicaţiilor electronice
    País:
    Romania

    Articolul 4: (1) Confidenţialitatea comunicărilor transmise prin intermediul reţelelor publice de comunicaţii electronice şi a serviciilor de comunicaţii electronice destinate publicului, precum şi confidenţialitatea datelor de trafic aferente sunt garantate.(2) Ascultarea, înregistrarea, stocarea şi orice altă formă de interceptare ori supraveghere a comunicărilor şi a datelor de trafic aferente sunt interzise, cu excepţia cazurilor următoare:a) se realizează de utilizatorii care participă la comunicarea respectivă;b) utilizatorii care participă la comunicarea respectivă şi-au dat, în prealabil, consimţământul scris cu privire la efectuarea acestor operaţiuni;c) se realizează de autorităţile competente, în condiţiile legii.

  • Lege nr. 677 din 21 noiembrie 2001 pentru protecţia persoanelor cu privire la prelucrarea datelor cu caracter personal şi libera circulaţie a acestor date
    País:
    Romania

    Articolul 1: (1) Prezenta lege are ca scop garantarea şi protejarea drepturilor şi libertăţilor fundamentale ale persoanelor fizice, în special a dreptului la viaţa intima, familială şi privată, cu privire la prelucrarea datelor cu caracter personal.

  • Act on the Protection of Personal Data
    País:
    Portugal
  • Constituição da República Portuguesa
    País:
    Portugal

    Artigo 35.º (Utilização da informática) 1. Todos os cidadãos têm o direito de acesso aos dados informatizados que lhes digam respeito, podendo exigir a sua rectificação e actualização, e o direito de conhecer a finalidade a que se destinam, nos termos da lei. 2. A lei define o conceito de dados pessoais, bem como as condições aplicáveis ao seu tratamento automatizado, conexão, transmissão e utilização, e garante a sua protecção, designadamente através de entidade administrativa independente. 3. A informática não pode ser utilizada para tratamento de dados referentes a convicções filosóficas ou políticas, filiação partidária ou sindical, fé religiosa, vida privada e origem étnica, salvo mediante consentimento expresso do titular, autorização prevista por lei com garantias de não discriminação ou para processamento de dados estatísticos não individualmente identificáveis. 4. É proibido o acesso a dados pessoais de terceiros, salvo em casos excepcionais previstos na lei. 5. É proibida a atribuição de um número nacional único aos cidadãos. 6. A todos é garantido livre acesso às redes informáticas de uso público, definindo a lei o regime aplicável aos fluxos de dados transfronteiras e as formas adequadas de protecção de dados pessoais e de outros cuja salvaguarda se justifique por razões de interesse nacional. 7. Os dados pessoais constantes de ficheiros manuais gozam de protecção idêntica à prevista nos números anteriores, nos termos da lei.

  • Constitution of the Portuguese Republic
    País:
    Portugal

    Article 35 (Use of information technology) (1) All citizens have the right of access to any computerised data relating to them and the right to be informed of the use for which the data is intended, under the law; they are entitled to require that the contents of the files and records be corrected and brought up to date.(2) The law shall determine what is personal data as well as the conditions applicable to automatic processing, connection, transmission and use thereof, and shall guarantee its protection by means of an independent administrative body. (3) Computerised storage shall not be used for information concerning a person's ideological or political convictions, party or trade union affiliations, religious beliefs, private life or ethnic origin, except where there is express consent from the data subject, authorisation provided for under the law with guarantees of non-discrimination or, in the case of data, for statistical purposes, that does not identify individuals. (4) Access to personal data of third parties is prohibited, except in exceptional cases as prescribed by law. (5) Citizens shall not be given an all-purpose national identity number. (6) Everyone shall be guaranteed free access to public information networks and the law shall define the regulations applicable to the transnational data flows and the adequate norms of protection for personal data and for data that should be safeguarded in the national interest. (7) Personal data kept on manual files shall benefit from protection identical to that provided for in the above Articles, in accordance with the law.  

  • Lei da protecçao de dados pessoais (Lei 67/98)
    País:
    Portugal
  • Act of August 29, 1997 on the Protection of Personal Data
    País:
    Poland

    Article 1 1. Any person has a right to have his/her personal data protected. 2. The processing of personal data can be carried out in the public interest, the interest of the data subject, or the interest of any third party, within the scope and subject to the procedure provided for by the Act.

  • Constitution of the Republic of Poland
    País:
    Poland

    Article 47 Everyone shall have the right to legal protection of his private life and family life, of his honour and good reputation and to make decisions about his personal life. Article 51 1. No one may be obliged, except on the basis of statute, to disclose information concerning his person. 2. Public authorities shall not acquire, collect or make accessible information on citizens other than that which is necessary in a democratic state ruled by law. 3. Everyone shall have a right of access to official documents and data collections concerning him. Limitations upon such rights may be established by statute. 4. Everyone shall have the right to demand the correction or deletion of untrue or incomplete information, or information acquired by means contrary to statute. 5. Principles and procedures for collection of and access to information shall be specified by statute. 

  • Konstytucja Rzeczypospolitej Polskiej
    País:
    Poland

    Art. 47 Każdy ma prawo do ochrony prawnej życia prywatnego, rodzinnego, czci i dobrego imienia oraz do decydowania o swoim życiu osobistym. Art. 51.1. Nikt nie może być obowiązany inaczej niż na podstawie ustawy do ujawniania informacji dotyczących jego osoby. 2. Władze publiczne nie mogą pozyskiwać, gromadzić i udostępniać innych informacji o obywatelach niż niezbędne w demokratycznym państwie prawnym. 3. Każdy ma prawo dostępu do dotyczących go urzędowych dokumentów i zbiorów danych. Ograniczenie tego prawa może określić ustawa. 4. Każdy ma prawo do żądania sprostowania oraz usunięcia informacji nieprawdziwych, niepełnych lub zebranych w sposób sprzeczny z ustawą. 5. Zasady i tryb gromadzenia oraz udostępniania informacji określa ustawa. 

  • Ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych
    País:
    Poland

    Rozdział 1 1. Każdy ma prawo do ochrony dotyczących go danych osobowych.2. Przetwarzanie danych osobowych może mieć miejsce ze względu na dobro publiczne, dobro osoby, której dane dotyczą, lub dobro osób trzecich w zakresie i trybie określonym ustawą.

  • Data Protection Act, Cap. 440 of the Laws of Malta, 2002
    País:
    Malta

    3. The provisions of this Act shall apply to the processing of personal data, wholly or partly, by automated means and to such processing other than by automated means where such personal data forms part of a filing system or is intended to form part of a filing system..

  • Law of 2 August 2002 on the Protection of Persons with regard to the Processing of Personal Data
    URL:
    País:
    Luxembourg

    The GDPR will replace the Luxembourg Law of 2 August 2002 on the protection of persons with regard to the processing of personal data (the “2002 Law”) and will be directly effective in Luxembourg as from 25 May 2018.

  • Loi du 2 août 2002 relative à la protection des personnes à l'égard du traitement des données à caractère personnel.
    País:
    Luxembourg
  • Constitution of the Republic of Lithuania
    País:
    Lithuania

    Article 22. Private life shall be inviolable. Personal correspondence, telephone conversations, telegraph messages, and other communications shall be inviolable. Information concerning the private life of a person may be collected only upon a justified court decision and only according to the law. The law and courts shall protect everyone from arbitrary or unlawful interference with his private and family life, as well as from encroachment upon his honour and dignity.

  • Lietuvos Respublikos Konstitucija
    País:
    Lithuania

    22 straipsnis. Žmogaus privatus gyvenimas neliečiamas. Asmens susirašinėjimas, pokalbiai telefonu, telegrafo pranešimai ir kitoks susižinojimas neliečiami. Informacija apie privatų asmens gyvenimą gali būti renkama tik motyvuotu teismo sprendimu ir tik pagal įstatymą. Įstatymas ir teismas saugo, kad niekas nepatirtų savavališko ar neteisėto kišimosi į jo asmeninį ir šeimyninį gyvenimą, kėsinimosi į jo garbę ir orumą.

25 results found

  • Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)

    Article 34

    Risk assessment

    1. Providers of very large online platforms and of very large online search engines shall diligently identify, analyse and assess any systemic risks in the Union stemming from the design or functioning of their service and its related systems, including algorithmic systems, or from the use made of their services.

    They shall carry out the risk assessments by the date of application referred to in Article 33(6), second subparagraph, and at least once every year thereafter, and in any event prior to deploying functionalities that are likely to have a critical impact on the risks identified pursuant to this Article. This risk assessment shall be specific to their services and proportionate to the systemic risks, taking into consideration their severity and probability, and shall include the following systemic risks:

    [...]

    (b) any actual or foreseeable negative effects for the exercise of fundamental rights, in particular the fundamental rights to human dignity enshrined in Article 1 of the Charter, to respect for private and family life enshrined in Article 7 of the Charter, to the protection of personal data enshrined in Article 8 of the Charter, to freedom of expression and information, including the freedom and pluralism of the media, enshrined in Article 11 of the Charter, to non-discrimination enshrined in Article 21 of the Charter, to respect for the rights of the child enshrined in Article 24 of the Charter and to a high-level of consumer protection enshrined in Article 38 of the Charter;

  • Treaty on European Union - Article 39

    Article 39

    In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.

  • Treaty on the Functioning of the European Union - Article 16 (ex Article 286 TEC)

    Article 16 (ex Article 286 TEC)

    1. Everyone has the right to the protection of personal data concerning them.

    2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down the rules relating to the protection of individuals with regard to the processing of personal data by Union institutions, bodies, offices and agencies, and by the Member States when carrying out activities which fall within the scope of Union law, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities. The rules adopted on the basis of this Article shall be without prejudice to the specific rules laid down in Article 39 of the Treaty on European Union.

     

  • Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement

    Article 1 Subject matter and objectives

    1. This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data by the Union institutions and bodies and rules relating to the free movement of personal data between them or to other recipients established in the Union.

    2. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.

    3. The European Data Protection Supervisor shall monitor the application of the provisions of this Regulation to all processing operations carried out by a Union institution or body.

    ...

  • Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences ...

    Article 1 Subject matter

    1. This Directive lays down measures to facilitate access to and the use of financial information and bank account information by competent authorities for the prevention, detection, investigation or prosecution of serious criminal offences. It also lays down measures to facilitate access to law enforcement information by Financial Intelligence Units (‘FIUs’) for the prevention and combating of money laundering, associate predicate offences and terrorist financing and measures to facilitate cooperation between FIUs.

    2. This Directive is without prejudice to:

    (a) Directive (EU) 2015/849 and the related provisions of national law, including the organisational status conferred on FIUs under national law as well as their operational independence and autonomy;

    (b) channels for the exchange of information between competent authorities or the powers of competent authorities under Union or national law to obtain information from obliged entities;

    (c) Regulation (EU) 2016/794; (d) the obligations resulting from Union instruments on mutual legal assistance or on mutual recognition of decisions regarding criminal matters and from Framework Decision 2006/960/JHA.

    ...

  • Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information

    Article 1 Subject matter and scope

    1. In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements for facilitating the re-use of:

    (a) existing documents held by public sector bodies of the Member States;

    (b) existing documents held by public undertakings that are:

    (i) active in the areas defined in Directive 2014/25/EU;

    (ii) acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007;

    (iii) acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008; or

    (iv) acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92;

    (c) research data pursuant to the conditions set out in Article 10.

    2. This Directive does not apply to:

    (a) documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review;

    (b) documents held by public undertakings:

    (i) produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;

    (ii) related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;

    (c) documents for which third parties hold intellectual property rights;

    (d) documents, such as sensitive data, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of:

    (i) the protection of national security (namely, State security), defence, or public security;

    (ii) statistical confidentiality;

    (iii) commercial confidentiality (including business, professional or company secrets);

    (e) documents access to which is excluded or restricted on grounds of sensitive critical infrastructure protection related information as defined in point (d) of Article 2 of Directive 2008/114/EC;

    (f) documents access to which is restricted by virtue of the access regimes in the Member States, including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents;

    (g) logos, crests and insignia;

    (h) documents, access to which is excluded or restricted by virtue of the access regimes on grounds of protection of personal data, and parts of documents accessible by virtue of those regimes which contain personal data the re-use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data;

    (i) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit;

    (j) documents held by cultural establishments other than libraries, including university libraries, museums and archives;

    (k) documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, documents other than those referred to in point (c) of paragraph 1;

    (l) documents other than those referred to in point (c) of paragraph 1 held by research performing organisations and research funding organisations, including organisations established for the transfer of research results.

    3. This Directive builds on, and is without prejudice to, Union and national access regimes.

    4. This Directive is without prejudice to Union and national law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC and the corresponding provisions of national law.

    5. The obligations imposed in accordance with this Directive shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention, the TRIPS Agreement and the WCT.

    6. The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of documents or to restrict re-use beyond the limits set by this Directive.

    7. This Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States, including documents to which Directive 2007/2/EC applies.

    ...

  • Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regula

    Article 1 Subject matter and scope

    1. In order to promote the use of open data and stimulate innovation in products and services, this Directive establishes a set of minimum rules governing the re-use and the practical arrangements for facilitating the re-use of:

    (a) existing documents held by public sector bodies of the Member States;

    (b) existing documents held by public undertakings that are:

    (i) active in the areas defined in Directive 2014/25/EU;

    (ii) acting as public service operators pursuant to Article 2 of Regulation (EC) No 1370/2007;

    (iii) acting as air carriers fulfilling public service obligations pursuant to Article 16 of Regulation (EC) No 1008/2008; or

    (iv) acting as Community shipowners fulfilling public service obligations pursuant to Article 4 of Regulation (EEC) No 3577/92; (c) research data pursuant to the conditions set out in Article 10.

     

    2. This Directive does not apply to:

    (a) documents the supply of which is an activity falling outside the scope of the public task of the public sector bodies concerned as defined by law or by other binding rules in the Member State, or, in the absence of such rules, as defined in accordance with common administrative practice in the Member State in question, provided that the scope of the public tasks is transparent and subject to review;

    (b) documents held by public undertakings:

    (i) produced outside the scope of the provision of services in the general interest as defined by law or other binding rules in the Member State;

    (ii) related to activities directly exposed to competition and therefore, pursuant to Article 34 of Directive 2014/25/EU, not subject to procurement rules;

    (c) documents for which third parties hold intellectual property rights;

    (d) documents, such as sensitive data, which are excluded from access by virtue of the access regimes in the Member State, including on grounds of:

    (i) the protection of national security (namely, State security), defence, or public security;

    (ii) statistical confidentiality;

    (iii) commercial confidentiality (including business, professional or company secrets);

    (e) documents access to which is excluded or restricted on grounds of sensitive critical infrastructure protection related information as defined in point (d) of Article 2 of Directive 2008/114/EC;

    (f) documents access to which is restricted by virtue of the access regimes in the Member States, including cases whereby citizens or legal entities have to prove a particular interest to obtain access to documents;

    (g) logos, crests and insignia;

    (h) documents, access to which is excluded or restricted by virtue of the access regimes on grounds of protection of personal data, and parts of documents accessible by virtue of those regimes which contain personal data the re-use of which has been defined by law as being incompatible with the law concerning the protection of individuals with regard to the processing of personal data or as undermining the protection of privacy and the integrity of the individual, in particular in accordance with Union or national law regarding the protection of personal data;

    (i) documents held by public service broadcasters and their subsidiaries, and by other bodies or their subsidiaries for the fulfilment of a public service broadcasting remit;

    (j) documents held by cultural establishments other than libraries, including university libraries, museums and archives;

    (k) documents held by educational establishments of secondary level and below, and, in the case of all other educational establishments, documents other than those referred to in point (c) of paragraph 1;

    (l) documents other than those referred to in point (c) of paragraph 1 held by research performing organisations and research funding organisations, including organisations established for the transfer of research results.

    3. This Directive builds on, and is without prejudice to, Union and national access regimes.

    4. This Directive is without prejudice to Union and national law on the protection of personal data, in particular Regulation (EU) 2016/679 and Directive 2002/58/EC and the corresponding provisions of national law.

    5. The obligations imposed in accordance with this Directive shall apply only insofar as they are compatible with the provisions of international agreements on the protection of intellectual property rights, in particular the Berne Convention, the TRIPS Agreement and the WCT.

    6. The right for the maker of a database provided for in Article 7(1) of Directive 96/9/EC shall not be exercised by public sector bodies in order to prevent the re-use of documents or to restrict re-use beyond the limits set by this Directive.

    7. This Directive governs the re-use of existing documents held by public sector bodies and public undertakings of the Member States, including documents to which Directive 2007/2/EC applies.

    ...

  • Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) t

    Article 1 Subject matter

    This Regulation establishes: (a) a system to identify the Member States holding information on previous convictions of third-country nationals (‘ECRIS-TCN’); (b) the conditions under which ECRIS-TCN shall be used by the central authorities in order to obtain information on such previous convictions through the European Criminal Records Information System (ECRIS) established by Decision 2009/316/JHA, as well as the conditions under which Eurojust, Europol and the EPPO shall use ECRIS-TCN.

    ...

  • Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union

    Article 2 - Processing of personal data
    ‘1. Processing of personal data pursuant to this Directive shall be carried out in accordance with Directive 95/46/EC.
    2. Processing of personal data by Union institutions and bodies pursuant to this Directive shall be carried out in accordance with Regulation (EC) No 45/2001.‘

  • Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detec...

    Article 1 - Subject-matter and objectives
    ‘1. This Directive lays down the rules relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.
    2. In accordance with this Directive, Member States shall:
    (a) protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data‘
    Article 4
    ‘Principles relating to processing of personal data
    1. Member States shall provide for personal data to be:
    (a) processed lawfully and fairly;
    (b) collected for specified, explicit and legitimate purposes and not processed in a manner that is incompatible with those purposes;
    (c) adequate, relevant and not excessive in relation to the purposes for which they are processed;
    (d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
    (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed;
    (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
    2. Processing by the same or another controller for any of the purposes set out in Article 1(1) other than that for which the personal data are collected shall be permitted in so far as:
    (a) the controller is authorised to process such personal data for such a purpose in accordance with Union or Member State law; and
    (b) processing is necessary and proportionate to that other purpose in accordance with Union or Member State law.
    3. Processing by the same or another controller may include archiving in the public interest, scientific, statistical or historical use, for the purposes set out in Article 1(1), subject to appropriate safeguards for the rights and freedoms of data subjects.
    4. The controller shall be responsible for, and be able to demonstrate compliance with, paragraphs 1, 2 and 3.‘

0 results found