Data Protection Directive

Article 11

Untitled

Information where the data have not been obtained from the data subject

1\. Where the data have not been obtained from the data subject, Member States shall provide that the controller or his representative must at the time of undertaking the recording of personal data or if a disclosure to a third party is envisaged, no later than the time when the data are first disclosed provide the data subject with at least the following information, except where he already has it:

\- the categories of data concerned,

\- the recipients or categories of recipients,

\- the existence of the right of access to and the right to rectify the data concerning him

in so far as such further information is necessary, having regard to the specific circumstances in which the data are processed, to guarantee fair processing in respect of the data subject.

2\. Paragraph 1 shall not apply where, in particular for processing for statistical purposes or for the purposes of historical or scientific research, the provision of such information proves impossible or would involve a disproportionate effort or if recording or disclosure is expressly laid down by law. In these cases Member States shall provide appropriate safeguards.

SECTION V

THE DATA SUBJECT'S RIGHT OF ACCESS TO DATA

Holdings

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C-201/141 Oct 2015

Smaranda Bara and Others v Casa Naţională de Asigurări de Sănătate and Others

Articles 10, 11 and 13 of Directive 95/46 preclude national measures that allow one public administrative body of a Member State to transfer personal data to another public administrative body, and allow the receiving body then to process that data, without informing the data subjects of the transfer or the processing.