Interim Agreement with a View to an - Official Documents
Interim Agreement with a View to an - Official Documents Interim Agreement with a View to an - Official Documents
44 v) The rights of access, rectification and opposition – the data subject should have the right to obtain a copy of all data relating to him/her that are processed, and the right to rectify those data where they are shown to be inaccurate. In certain situations he/she should also be able to object to the processing of the data relating to him/her. The only exemptions to these rights should be those provided for in legislation and necessary in a democratic society for the protection of important public interests. vi) Restrictions on onward transfers – as a matter of principle, further transfers of the personal data by the recipient of the original data transfer should be permitted only where the second recipient (i.e. the recipient of the onward transfer) is also subject to rules affording an adequate level of protection. vii) Sensitive data – where special categories of data are involved, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, data concerning health and sex, and data relating to offences, criminal convictions or security measures, additional safeguards should be in place. b) Enforcement mechanisms Appropriate mechanisms should be in place to ensure that the following objectives are achieved: viii) to ensure a good level of compliance with the rules, including a high degree of awareness among data controllers of their obligations, and among data subjects of their rights and the means of exercising them; the existence of effective and dissuasive sanctions; and systems of verification by authorities, auditors or independent data protection officials; ix) to provide support and help to individual data subjects in the exercise of their rights, which they must be able to enforce rapidly and effectively, and without prohibitive cost, including through an appropriate institutional mechanism allowing independent investigation of complaints; x) to provide appropriate redress to the injured party where rules are not complied with, allowing compensation to be paid and sanctions imposed where appropriate.
ARTICLE 64 Consistency with international commitments 1. The Parties shall keep each other informed, via the EPA Committee, of the multilateral commitments and agreements with third countries in which they may participate, or of any obligation by which they may be bound and which could be relevant to the application of this Chapter, and in particular of any agreement providing for the processing of personal data, such as personal data being collected, stored or accessed by third parties or transferred to third parties. 2. The Parties may request consultations to discuss any matter which may arise. ARTICLE 65 Cooperation The Parties acknowledge the importance of cooperation in order to facilitate the development of appropriate legislative, judicial and institutional frameworks and to ensure an adequate level of protection of personal data that is consistent with the objectives and principles contained in this Chapter. TITLE VI DISPUTE AVOIDANCE AND SETTLEMENT CHAPTER 1 OBJECTIVE AND SCOPE ARTICLE 66 Objective The objective of this Title of the Agreement is to avoid and settle any dispute between the Parties with a view to arriving, where possible, at a mutually agreed solution. 45
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44<br />
v) The rights of access, rectification <strong>an</strong>d opposition – the data<br />
subject should have the right <strong>to</strong> obtain a copy of all data relating<br />
<strong>to</strong> him/her that are processed, <strong>an</strong>d the right <strong>to</strong> rectify those data<br />
where they are shown <strong>to</strong> be inaccurate. In certain situations<br />
he/she should also be able <strong>to</strong> object <strong>to</strong> the processing of the data<br />
relating <strong>to</strong> him/her. The only exemptions <strong>to</strong> these rights should be<br />
those provided for in legislation <strong>an</strong>d necessary in a democratic<br />
society for the protection of import<strong>an</strong>t public interests.<br />
vi) Restrictions on onward tr<strong>an</strong>sfers – as a matter of principle, further<br />
tr<strong>an</strong>sfers of the personal data by the recipient of the original data<br />
tr<strong>an</strong>sfer should be permitted only where the second recipient (i.e.<br />
the recipient of the onward tr<strong>an</strong>sfer) is also subject <strong>to</strong> rules<br />
affording <strong>an</strong> adequate level of protection.<br />
vii) Sensitive data – where special categories of data are involved,<br />
revealing racial or ethnic origin, political opinions, religious or<br />
philosophical beliefs or trade union membership, data concerning<br />
health <strong>an</strong>d sex, <strong>an</strong>d data relating <strong>to</strong> offences, criminal convictions<br />
or security measures, additional safeguards should be in place.<br />
b) Enforcement mech<strong>an</strong>isms<br />
Appropriate mech<strong>an</strong>isms should be in place <strong>to</strong> ensure that the following objectives<br />
are achieved:<br />
viii) <strong>to</strong> ensure a good level of compli<strong>an</strong>ce <strong>with</strong> the rules, including a<br />
high degree of awareness among data controllers of their<br />
obligations, <strong>an</strong>d among data subjects of their rights <strong>an</strong>d the me<strong>an</strong>s<br />
of exercising them; the existence of effective <strong>an</strong>d dissuasive<br />
s<strong>an</strong>ctions; <strong>an</strong>d systems of verification by authorities, audi<strong>to</strong>rs or<br />
independent data protection officials;<br />
ix) <strong>to</strong> provide support <strong>an</strong>d help <strong>to</strong> individual data subjects in the<br />
exercise of their rights, which they must be able <strong>to</strong> enforce<br />
rapidly <strong>an</strong>d effectively, <strong>an</strong>d <strong>with</strong>out prohibitive cost, including<br />
through <strong>an</strong> appropriate institutional mech<strong>an</strong>ism allowing<br />
independent investigation of complaints;<br />
x) <strong>to</strong> provide appropriate redress <strong>to</strong> the injured party where rules are<br />
not complied <strong>with</strong>, allowing compensation <strong>to</strong> be paid <strong>an</strong>d<br />
s<strong>an</strong>ctions imposed where appropriate.