as well as any necessary additional information in
order to ensure fair and transparent processing of
the personal data.
2.
Paragraph 1 shall not apply where the data subject already has the relevant information.
3.
Where the personal data are not collected from
the data subjects, the controller shall not be required
to provide such information where the processing
is expressly prescribed by law or this proves to be
impossible or involves disproportionate efforts.
Article 9 – Rights of the data subject
1.
Every individual shall have a right:
a.
not to be subject to a decision significantly affecting him or her based solely on an automated processing of data without having his or her views taken into
consideration;
b.
to obtain, on request, at reasonable intervals
and without excessive delay or expense, confirmation
of the processing of personal data relating to him
or her, the communication in an intelligible form of
the data processed, all available information on their
origin, on the preservation period as well as any other
information that the controller is required to provide
in order to ensure the transparency of processing in
accordance with Article 8, paragraph 1;
c.
to obtain, on request, knowledge of the reasoning underlying data processing where the results of
such processing are applied to him or her;
d.
to object at any time, on grounds relating to his
or her situation, to the processing of personal data
concerning him or her unless the controller demonstrates legitimate grounds for the processing which
override his or her interests or rights and fundamental
freedoms;
e.
to obtain, on request, free of charge and without excessive delay, rectification or erasure, as the
case may be, of such data if these are being, or have
been, processed contrary to the provisions of this
Convention;
f.
to have a remedy under Article 12 where his or
her rights under this Convention have been violated;
g.
to benefit, whatever his or her nationality or residence, from the assistance of a supervisory authority
within the meaning of Article 15, in exercising his or
her rights under this Convention.
2.
Paragraph 1.a shall not apply if the decision is
authorised by a law to which the controller is subject and which also lays down suitable measures to
safeguard the data subject’s rights, freedoms and
legitimate interests.
Article 10 – Additional obligations
1.
Each Party shall provide that controllers and,
where applicable, processors, take all appropriate measures to comply with the obligations of this Convention
and be able to demonstrate, subject to the domestic
legislation adopted in accordance with Article 11,
paragraph 3, in particular to the competent supervisory authority provided for in Article 15, that the data
processing under their control is in compliance with
the provisions of this Convention.
2.
Each Party shall provide that controllers and,
where applicable, processors, examine the likely
impact of intended data processing on the rights and
fundamental freedoms of data subjects prior to the
commencement of such processing, and shall design
the data processing in such a manner as to prevent
or minimise the risk of interference with those rights
and fundamental freedoms.
3.
Each Party shall provide that controllers, and,
where applicable, processors, implement technical and
organisational measures which take into account the
implications of the right to the protection of personal
data at all stages of the data processing.
4.
Each Party may, having regard to the risks arising
for the interests, rights and fundamental freedoms of
the data subjects, adapt the application of the provisions of paragraphs 1, 2 and 3 in the law giving effect
to the provisions of this Convention, according to the
nature and volume of the data, the nature, scope and
purpose of the processing and, where appropriate,
the size of the controller or processor.
Article 11 – Exceptions and restrictions
1.
No exception to the provisions set out in this
Chapter shall be allowed except to the provisions of
Article 5 paragraph 4, Article 7 paragraph 2, Article 8
paragraph 1 and Article 9, when such an exception
is provided for by law, respects the essence of the
fundamental rights and freedoms and constitutes a
necessary and proportionate measure in a democratic
society for:
a.
the protection of national security, defense,
public safety, important economic and financial interests of the State, the impartiality and independence
of the judiciary or the prevention, investigation and
prosecution of criminal offences and the execution of
criminal penalties, and other essential objectives of
general public interest;
b.
the protection of the data subject or the rights
and fundamental freedoms of others, notably freedom
of expression.
2.
Restrictions on the exercise of the provisions
specified in Articles 8 and 9 may be provided for by
law with respect to data processing for archiving
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