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# GDPR - Article 1 | ||
## **Subject-matter and objectives** | ||
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## Article 1.1 | ||
This Regulation lays down rules relating to the protection of natural persons with regard to the processing of personal data and rules relating to the free movement of personal data. | ||
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## Article 1.2 | ||
1. This Regulation protects fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data. | ||
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### Mapped SCF controls | ||
- [CPL-01 - Statutory, Regulatory & Contractual Compliance](../scf/cpl-01-statutory,regulatory&contractualcompliance.md) | ||
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## Article 1.3 | ||
1. The free movement of personal data within the Union shall be neither restricted nor prohibited for reasons connected with the protection of natural persons with regard to the processing of personal data. | ||
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# GDPR - Article 10 | ||
## Processing of personal data relating to criminal convictions and offences | ||
Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority. | ||
Processing of personal data relating to criminal convictions and offences or related security measures based on Article 6(1) shall be carried out only under the control of official authority or when the processing is authorised by Union or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects. Any comprehensive register of criminal convictions shall be kept only under the control of official authority. | ||
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# GDPR - Article 11 | ||
## Processing which does not require identification | ||
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## Article 11.1 | ||
If the purposes for which a controller processes personal data do not or do no longer require the identification of a data subject by the controller, the controller shall not be obliged to maintain, acquire or process additional information in order to identify the data subject for the sole purpose of complying with this Regulation. | ||
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### Mapped SCF controls | ||
- [IAC-09.6 - Pairwise Pseudonymous Identifiers (PPID)](../scf/iac-096-pairwisepseudonymousidentifiers(ppid).md) | ||
- [PRI-05.1 - Internal Use of Personal Data For Testing, Training and Research](../scf/pri-051-internaluseofpersonaldatafortesting,trainingandresearch.md) | ||
- [PRI-05.4 - Usage Restrictions of Sensitive Personal Data](../scf/pri-054-usagerestrictionsofsensitivepersonaldata.md) | ||
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## Article 11.2 | ||
Where, in cases referred to in paragraph 1 of this Article, the controller is able to demonstrate that it is not in a position to identify the data subject, the controller shall inform the data subject accordingly, if possible. In such cases, Articles 15 to 20 shall not apply except where the data subject, for the purpose of exercising his or her rights under those articles, provides additional information enabling his or her identification. | ||
##CHAPTER III | ||
###Rights of the data subject | ||
<span class="expanded">Section 1 | ||
<span class="bold"><span class="expanded">Transparency and modalities | ||
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### Mapped SCF controls | ||
- [PRI-02 - Data Privacy Notice](../scf/pri-02-dataprivacynotice.md) | ||
- [PRI-02 - Data Privacy Notice](../scf/pri-02-dataprivacynotice.md) | ||
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# GDPR - Article 12 | ||
## Transparent information, communication and modalities for the exercise of the rights of the data subject | ||
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## Article 12.1 | ||
The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means. | ||
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### Mapped SCF controls | ||
- [PRI-02 - Data Privacy Notice](../scf/pri-02-dataprivacynotice.md) | ||
- [PRI-06 - Data Subject Access](../scf/pri-06-datasubjectaccess.md) | ||
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## Article 12.2 | ||
The controller shall facilitate the exercise of data subject rights under Articles 15 to 22\. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising his or her rights under Articles 15 to 22, unless the controller demonstrates that it is not in a position to identify the data subject. | ||
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### Mapped SCF controls | ||
- [PRI-03.1 - Tailored Consent](../scf/pri-031-tailoredconsent.md) | ||
- [PRI-03.2 - Just-In-Time Notice & Updated Consent](../scf/pri-032-just-in-timenotice&updatedconsent.md) | ||
- [PRI-06 - Data Subject Access](../scf/pri-06-datasubjectaccess.md) | ||
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## Article 12.3 | ||
The controller shall provide information on action taken on a request under Articles 15 to 22 to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject. | ||
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### Mapped SCF controls | ||
- [DCH-22.1 - Updating & Correcting Personal Data (PD)](../scf/dch-221-updating&correctingpersonaldata(pd).md) | ||
- [PRI-03.1 - Tailored Consent](../scf/pri-031-tailoredconsent.md) | ||
- [PRI-03.2 - Just-In-Time Notice & Updated Consent](../scf/pri-032-just-in-timenotice&updatedconsent.md) | ||
- [PRI-06.1 - Correcting Inaccurate Personal Data](../scf/pri-061-correctinginaccuratepersonaldata.md) | ||
- [PRI-06.2 - Notice of Correction or Processing Change](../scf/pri-062-noticeofcorrectionorprocessingchange.md) | ||
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## Article 12.4 | ||
If the controller does not take action on the request of the data subject, the controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy. | ||
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### Mapped SCF controls | ||
- [PRI-03.1 - Tailored Consent](../scf/pri-031-tailoredconsent.md) | ||
- [PRI-03.2 - Just-In-Time Notice & Updated Consent](../scf/pri-032-just-in-timenotice&updatedconsent.md) | ||
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## Article 12.5 | ||
Information provided under Articles 13 and 14 and any communication and any actions taken under Articles 15 to 22 and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either: | ||
(a) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or | ||
(b) refuse to act on the request. | ||
The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request. | ||
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## Article 12.6 | ||
Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request referred to in Articles 15 to 21, the controller may request the provision of additional information necessary to confirm the identity of the data subject. | ||
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### Mapped SCF controls | ||
- [PRI-03 - Choice & Consent](../scf/pri-03-choice&consent.md) | ||
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## Article 12.7 | ||
The information to be provided to data subjects pursuant to Articles 13 and 14 may be provided in combination with standardised icons in order to give in an easily visible, intelligible and clearly legible manner a meaningful overview of the intended processing. Where the icons are presented electronically they shall be machine-readable. | ||
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## Article 12.8 | ||
The Commission shall be empowered to adopt delegated acts in accordance with Article 92 for the purpose of determining the information to be presented by the icons and the procedures for providing standardised icons. | ||
<span class="expanded">Section 2 | ||
<span class="bold"><span class="expanded">Information and access to personal data | ||
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