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Article 4
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Definitions

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Key words related to article 4

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(27) This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules regarding the processing of personal data of deceased persons.

(28) The application of pseudonymisation to personal data can reduce the risks to the data subjects concerned and help controllers and processors to meet their data-protection obligations. The explicit introduction of ‘pseudonymisation’ in this Regulation is not intended to preclude any other measures of data protection.

(31) Public authorities to which personal data are disclosed in accordance with a legal obligation for the exercise of their official mission, such as tax and customs authorities, financial investigation units, independent administrative authorities, or financial market authorities responsible for the regulation and supervision of securities markets should not be regarded as recipients if they receive personal data which are necessary to carry out a particular inquiry in the general interest, in accordance with Union or Member State law. The requests for disclosure sent by the public authorities should always be in writing, reasoned and occasional and should not concern the entirety of a filing system or lead to the interconnection of filing systems. The processing of personal data by those public authorities should comply with the applicable data-protection rules according to the purposes of the processing.

(34) Genetic data should be defined as personal data relating to the inherited or acquired genetic characteristics of a natural person which result from the analysis of a biological sample from the natural person in question, in particular chromosomal, deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) analysis, or from the analysis of another element enabling equivalent information to be obtained.

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(26) Whereas the principles of protection must apply to any information concerning an identified or identifiable person; whereas, to determine whether a person is identifiable, account should be taken of all the means likely reasonably to be used either by the controller or by any other person to identify the said person; whereas the principles of protection shall not apply to data rendered anonymous in such a way that the data subject is no longer identifiable; whereas codes of conduct within the meaning of Article 27 may be a useful instrument for providing guidance as to the ways in which data may be rendered anonymous and retained in a form in which identification of the data subject is no longer possible;

(27) Whereas the protection of individuals must apply as much to automatic processing of data as to manual processing; whereas the scope of this protection must not in effect depend on the techniques used, otherwise this would create a serious risk of circumvention; whereas, nonetheless, as regards manual processing, this Directive covers only filing systems, not unstructured files; whereas, in particular, the content of a filing system must be structured according to specific criteria relating to individuals allowing easy access to the personal data; whereas, in line with the definition in Article 2 (c), the different criteria for determining the constituents of a structured set of personal data, and the different criteria governing access to such a set, may be laid down by each Member State; whereas files or sets of files as well as their cover pages, which are not structured according to specific criteria, shall under no circumstances fall within the scope of this Directive;

The GDPR

Warning: the definitions of Article 4 are commented in the provision of the Regulation that appeared most clarifying to its content. Other provisions use the concepts defined in this article. They can be identified by inserting the concept as a keyword.

  1. personal data (see Article 2).

(3) processing (see Article 2).

 (3a) restriction of processing (see Article 18).

(3aa) profiling (see Article 22).

(3b) pseudonymisation (see Article 25).

(4) filing system (see Article 2).

(5) controller (see Article 3).

(6) processor (see Article 28).

(7) recipient (see Article 13).

(7a) third party (see Article 6).

(8) data subject’s consent (see Article 7).

(9) personal data breach (see Article 33).

(10) genetic data (see Article 9).

(11) biometric data (see Article 9).

(12) data concerning health (see Article 9).

(13) main establishment of the controller (see Article 56).

(14) representative (see Article 27).

(15) enterprise (see Article 47).

(16) group of undertakings (see Article 47).

(17) binding corporate rules (see Article 47).

(19) supervising authority (see Article 51).

(19a) supervising authority concerned (see Article 60).

(19b) cross-border processing (see Article 56).

(19c) relevant and reasoned objection (see Article 60).

(20) information society service (see Article 8).

(21) international organization (see Article 44).

The Directive

Definitions

Potential issues

No specific provision

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Summary

European Union

European Union

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Article 29 Working Party

Guidelines for identifying a controller or processor’s lead supervisory authority (5 April 2017)

(Endorsed by the EDPB)

Identifying a lead supervisory authority is only relevant where a controller or processor is carrying out the cross-border processing of personal data. Article 4(23) of the General Data Protection Regulation (GDPR) defines ‘cross-border processing’ as either the:

- processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or the

- processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.

This means that where an organisation has establishments in France and Romania, for example, and the processing of personal data takes place in the context of their activities, then this will constitute cross-border processing.

Alternatively, the organisation may only carry out processing activity in the context of its establishment in France. However, if the activity substantially affects – or is likely to substantially affect - data subjects in France and Romania then this will also constitute crossborder processing.

Link

Guidelines on Personal data breach notification under Regulation 2016/679 (6 February 2018)

(Endorsed by the EDPB)

The General Data Protection Regulation (the GDPR) introduces the requirement for a personal data breach (henceforth “breach”) to be notified to the competent national supervisory authority (or in the case of a cross-border breach, to the lead authority) and, in certain cases, to communicate the breach to the individuals whose personal data have been affected by the breach.

Obligations to notify in cases of breaches presently exist for certain organisations, such as providers of publicly-available electronic communications services (as specified in Directive 2009/136/EC and Regulation (EU) No 611/2013). There are also some EU Member States that already have their own national breach notification obligation. This may include the obligation to notify breaches involving categories of controllers in addition to providers of publicly available electronic communication services (for example in Germany and Italy), or an obligation to report all breaches involving personal data (such as in the Netherlands). Other Member States may have relevant Codes of Practice (for example, in Ireland). Whilst a number of EU data protection authorities currently encourage controllers to report breaches, the Data Protection Directive 95/46/EC, which the GDPR replaces, does not contain a specific breach notification obligation and therefore such a requirement will be new for many organisations. The GDPR now makes notification mandatory for all controllers unless a breach is unlikely to result in a risk to the rights and freedoms of individuals. Processors also have an important role to play and they must notify any breach to their controller.

The Article 29 Working Party (WP29) considers that the new notification requirement has a number of benefits. When notifying the supervisory authority, controllers can obtain advice on whether the affected individuals need to be informed. Indeed, the supervisory authority may order the controller to inform those individuals about the breach7. Communicating a breach to individuals allows the controller to provide information on the risks presented as a result of the breach and the steps those individuals can take to protect themselves from its potential consequences. The focus of any breach response plan should be on protecting individuals and their personal data. Consequently, breach notification should be seen as a tool enhancing compliance in relation to the protection of personal data. At the same time, it should be noted that failure to report a breach to either an individual or a supervisory authority may mean that under Article 83 a possible sanction is applicable to the controller.

Controllers and processors are therefore encouraged to plan in advance and put in place processes to be able to detect and promptly contain a breach, to assess the risk to individuals8, and then to determine whether it is necessary to notify the competent supervisory authority, and to communicate the breach to the individuals concerned when necessary. Notification to the supervisory authority should form a part of that incident response plan.

The GDPR contains provisions on when a breach needs to be notified, and to whom, as well as what information should be provided as part of the notification. Information required for the notification can be provided in phases, but in any event controllers should act on any breach in a timely manner.

In its Opinion 03/2014 on personal data breach notification9, WP29 provided guidance to controllers in order to help them to decide whether to notify data subjects in case of a breach. The opinion considered the obligation of providers of electronic communications regarding Directive 2002/58/EC and provided examples from multiple sectors, in the context of the then draft GDPR, and presented good practices for all controllers.

The current Guidelines explain the mandatory breach notification and communication requirements of the GDPR and some of the steps controllers and processors can take to meet these new obligations. They also give examples of various types of breaches and who would need to be notified in different scenarios.

Link

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Summary

European Union

European Union

CJEU caselaw

C-101/01 (6 November 2003) - Bodil Lindqvist

1.    The act of referring, on an internet page, to various persons and identifying them by name or by other means, for instance by giving their telephone number or information regarding their working conditions and hobbies, constitutes the processing of personal data wholly or partly by automatic means within the meaning of Article 3(1) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

2.    Such processing of personal data is not covered by any of the exceptions in Article 3(2) of Directive 95/46.

3.    Reference to the fact that an individual has injured her foot and is on half-time on medical grounds constitutes personal data concerning health within the meaning of Article 8(1) of Directive 95/46.

4.    There is no transfer [of data] to a third country within the meaning of Article 25 of Directive 95/46 where an individual in a Member State loads personal data onto an internet page which is stored on an internet site on which the page can be consulted and which is hosted by a natural or legal person who is established in that State or in another Member State, thereby making those data accessible to anyone who connects to the internet, including people in a third country.

5.    The provisions of Directive 95/46 do not, in themselves, bring about a restriction which conflicts with the general principles of freedom of expression or other freedoms and rights, which are applicable within the European Union and are enshrined inter alia in Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950. It is for the national authorities and courts responsible for applying the national legislation implementing Directive 95/46 to ensure a fair balance between the rights and interests in question, including the fundamental rights protected by the Community legal order.

6.    Measures taken by the Member States to ensure the protection of personal data must be consistent both with the provisions of Directive 95/46 and with its objective of maintaining a balance between freedom of movement of personal data and the protection of private life. However, nothing prevents a Member State from extending the scope of the national legislation implementing the provisions of Directive 95/46 to areas not included in the scope thereof provided that no other provision of Community law precludes it.

Link

C-342/12 (30 May 2013) - Worten

1.      Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is to be interpreted as meaning that a record of working time, such as that at issue in the main proceedings, which indicates, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals, is included within the concept of ‘personal data’, within the meaning of that provision.

2.      Article 6(1)(b) and (c) and Article 7(c) and (e) of Directive 95/46 do not preclude national legislation, such as that at issue in the main proceedings, which requires an employer to make the record of working time available to the national authority responsible for monitoring working conditions so as to allow its immediate consultation, provided that this obligation is necessary for the purposes of the performance by that authority of its task of monitoring the application of the legislation relating to working conditions, in particular as regards working time.

Judgment of the Court 

C-131/12 (13 May 2014) - Google Spain et Google

1.      Article 2(b) and (d) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data are to be interpreted as meaning that, first, the activity of a search engine consisting in finding information published or placed on the internet by third parties, indexing it automatically, storing it temporarily and, finally, making it available to internet users according to a particular order of preference must be classified as ‘processing of personal data’ within the meaning of Article 2(b) when that information contains personal data and, second, the operator of the search engine must be regarded as the ‘controller’ in respect of that processing, within the meaning of Article 2(d).

2.      Article 4(1)(a) of Directive 95/46 is to be interpreted as meaning that processing of personal data is carried out in the context of the activities of an establishment of the controller on the territory of a Member State, within the meaning of that provision, when the operator of a search engine sets up in a Member State a branch or subsidiary which is intended to promote and sell advertising space offered by that engine and which orientates its activity towards the inhabitants of that Member State.

3.      Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46 are to be interpreted as meaning that, in order to comply with the rights laid down in those provisions and in so far as the conditions laid down by those provisions are in fact satisfied, the operator of a search engine is obliged to remove from the list of results displayed following a search made on the basis of a person’s name links to web pages, published by third parties and containing information relating to that person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be, when its publication in itself on those pages is lawful.

4.      Article 12(b) and subparagraph (a) of the first paragraph of Article 14 of Directive 95/46 are to be interpreted as meaning that, when appraising the conditions for the application of those provisions, it should inter alia be examined whether the data subject has a right that the information in question relating to him personally should, at this point in time, no longer be linked to his name by a list of results displayed following a search made on the basis of his name, without it being necessary in order to find such a right that the inclusion of the information in question in that list causes prejudice to the data subject. As the data subject may, in the light of his fundamental rights under Articles 7 and 8 of the Charter, request that the information in question no longer be made available to the general public on account of its inclusion in such a list of results, those rights override, as a rule, not only the economic interest of the operator of the search engine but also the interest of the general public in having access to that information upon a search relating to the data subject’s name. However, that would not be the case if it appeared, for particular reasons, such as the role played by the data subject in public life, that the interference with his fundamental rights is justified by the preponderant interest of the general public in having, on account of its inclusion in the list of results, access to the information in question.

Opinion of Advocate general

Judgment of the Court

C-683/13 (19 June 2014) - Pharmacontinente - Saúde e Higiene e.a.

1.     Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data is to be interpreted as meaning that a record of working time, such as that at issue in the main proceedings, which indicates, in relation to each worker, the times when working hours begin and end, as well as the corresponding breaks and intervals, is covered by the concept of ‘personal data’ as referred to in that provision.

2.    Article 6(1)(b) and (c) and Article 7(c) and (e) of Directive 95/46 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which requires an employer to make the record of working time available to the national authority responsible for monitoring working conditions so as to allow its immediate consultation, provided that this obligation is necessary for the purposes of the performance by that authority of its task of monitoring the application of the legislation relating to working conditions, in particular as regards working time.

3.    It is for the referring court to determine whether the employer’s obligation to provide the national authority responsible for monitoring working conditions access to the record of working time so as to allow its immediate consultation may be considered necessary for the purposes of the performance by that authority of its monitoring task, by contributing to the more effective application of the legislation relating to working conditions, in particular as regards working time, and, if so, whether the penalties imposed with a view to ensuring the effective application of the requirements laid down by Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003, concerning certain aspects of the organisation of working time, are consistent with the principle of proportionality.

Judgment of the Court

C-434/16 ( 20 December 2017) - Nowak

Article 2(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that, in circumstances such as those of the main proceedings, the written answers submitted by a candidate at a professional examination and any comments made by an examiner with respect to those answers constitute personal data, within the meaning of that provision.

Opinion of advocate general

Judgment of the court

C-210/16 (5 June 2018) - Wirtschaftsakademie Schleswig-Holstein

Article 2(d) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the concept of ‘controller’ within the meaning of that provision encompasses the administrator of a fan page hosted on a social network.

Opinion of Advocate general

Judgment of court

C-25/17 (10 July 2018) - Jehovan todistajat

 1.  Article 2(c) of Directive 95/46 must be interpreted as meaning that the concept of a ‘filing system’, referred to by that provision, covers a set of personal data collected in the course of door-to-door preaching, consisting of the names and addresses and other information concerning the persons contacted, if those data are structured according to specific criteria which, in practice, enable them to be easily retrieved for subsequent use. In order for such a set of data to fall within that concept, it is not necessary that they include data sheets, specific lists or other search methods.

2.  Article 2(d) of Directive 95/46, read in the light of Article 10(1) of the Charter of Fundamental Rights, must be interpreted as meaning that it supports the finding that a religious community is a controller, jointly with its members who engage in preaching, for the processing of personal data carried out by the latter in the context of door-to-door preaching organised, coordinated and encouraged by that community, without it being necessary that the community has access to those data, or to establish that that community has given its members written guidelines or instructions in relation to the data processing.

Opinion of Advocate general 

Judgment of the court

C-345/17 (14 février 2019) - Buivids

1.      Article 3 of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data must be interpreted as meaning that the recording of a video of police officers in a police station, while a statement is being made, and the publication of that video on a video website, on which users can send, watch and share videos, are matters which come within the scope of that directive.

2.      Article 9 of Directive 95/46 must be interpreted as meaning that factual circumstances such as those of the case in the main proceedings, that is to say, the video recording of police officers in a police station, while a statement is being made, and the publication of that recorded video on a video website, on which users can send, watch and share videos, may constitute a processing of personal data solely for journalistic purposes, within the meaning of that provision, in so far as it is apparent from that video that the sole object of that recording and publication thereof is the disclosure of information, opinions or ideas to the public, this being a matter which it is for the referring court to determine.

Link

C-272/19 (9 July 2020) - VQ v. Land Hessen

Article 4(7) of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) must be interpreted as meaning that, in so far as a Petitions Committee of the parliament of a Federated State of a Member State determines, alone or with others, the purposes and means of the processing of personal data, that committee must be categorised as a ‘controller’, within the meaning of that provision, and consequently the processing of personal data carried out by that committee falls within the scope of that regulation and, in particular, of Article 15 thereof.

Judgment of the court

C-61/19 (11 November 2020) - Orange Romania SA

Article 2(h) and Article 7(a) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Article 4(11) and Article 6(1)(a) of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), must be interpreted as meaning that it is for the data controller to demonstrate that the data subject has, by active behaviour, given his or her consent to the processing of his or her personal data and that he or she has obtained, beforehand, information relating to all the circumstances surrounding that processing, in an intelligible and easily accessible form, using clear and plain language, allowing that person easily to understand the consequences of that consent, so that it is given with full knowledge of the facts. A contract for the provision of telecommunications services which contains a clause stating that the data subject has been informed of, and has consented to, the collection and storage of a copy of his or her identity document for identification purposes is not such as to demonstrate that that person has validly given his or her consent, as provided for in those provisions, to that collection and storage, where

  • the box referring to that clause has been ticked by the data controller before the contract was signed, or where;
  • the terms of that contract are capable of misleading the data subject as to the possibility of concluding the contract in question even if he or she refuses to consent to the processing of his or her data, or where;
  • the freedom to choose to object to that collection and storage is unduly affected by that controller, in requiring that the data subject, in order to refuse consent, must complete an additional form setting out that refusal.

Judgment of the court

C-659/22, RK. V. Ministerstvo Zdravotnictvi, (5 October 2023)

The concept of ‘processing’ personal data referred to in Article 4(2) of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

must be interpreted as including the verification, using a national mobile application, of the validity of interoperable COVID-19 vaccination, test and recovery certificates issued pursuant to Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, and used by a Member State for national purposes.

Judgment of the court

C-683/21, Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v. Valstybinė duomenų apsaugos inspekcija, (5 Décember 2023)

1.      Article 4(7) of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

must be interpreted as meaning that an entity which has entrusted an undertaking with the development of a mobile IT application and which has, in that context, participated in the determination of the purposes and means of the processing of personal data carried out through that application may be regarded as a controller, within the meaning of that provision, even if that entity has not itself performed any processing operations in respect of such data, has not expressly agreed to the performance of specific operations for such processing or to that mobile application being made available to the public, and has not acquired the abovementioned mobile application, unless, prior to that application being made available to the public, that entity expressly objected to such making available and to the resulting processing of personal data.

2.      Article 4(7) and Article 26(1) of Regulation 2016/679

must be interpreted as meaning that the classification of two entities as joint controllers does not require that there be an arrangement between those entities regarding the determination of the purposes and means of the processing of personal data in question; nor does it require that there be an arrangement laying down the terms of the joint control.

3.      Article 4(2) of Regulation 2016/679

must be interpreted as meaning that the use of personal data for the purposes of the IT testing of a mobile application constitutes ‘processing’, within the meaning of that provision, unless such data have been rendered anonymous in such a manner that the subject of those data is not or is no longer identifiable, or unless it involves fictitious data which do not relate to an existing natural person.

4.      Article 83 of Regulation 2016/679

must be interpreted as meaning that (i) an administrative fine may be imposed pursuant to that provision only where it is established that the controller has intentionally or negligently committed an infringement referred to in paragraphs 4 to 6 of that article, and (ii) such a fine may be imposed on a controller in respect of personal data processing operations performed by a processor on behalf of that controller, unless, in the context of those operations, that processor has carried out processing for its own purposes or has processed such data in a manner incompatible with the framework of, or detailed arrangements for, the processing as determined by the controller, or in such a manner that it cannot reasonably be considered that that controller consented to such processing.

 

Opinion of Advocate general 

Judgment of the court

 

C‑231/22, État belge contre Autorité de protection des données (11 janvier 2024​)

1.      Point 7 of Article 4 of Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

must be interpreted as meaning that the agency or body responsible for the official journal of a Member State, which is inter alia required, under the law of that State, to publish as they stand official acts and documents that have been prepared by third parties under their own responsibility in compliance with the applicable rules, then lodged with a judicial authority that sends them to it for publication, may, notwithstanding its lack of legal personality, be classified as a ‘controller’ of the personal data contained in those acts and documents, where the national law concerned determines the purposes and means of the processing of personal data performed by that official journal.

2.      Article 5(2) of Regulation 2016/679, read in conjunction with point 7 of Article 4 and Article 26(1) thereof,

must be interpreted as meaning that the agency or body responsible for the official journal of a Member State, classified as a ‘controller’ within the meaning of point 7 of Article 4 of that regulation, is solely responsible for compliance with the principles set out in Article 5(1) thereof as regards the personal data processing operations that it is required to perform under national law, unless joint responsibility with other entities in respect of those operations arises under that law.

Décision of the Court

Opinion of Advocate General

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Regulation
1e 2e

Art. 4

For the purposes of this Regulation:

(1) ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

(2) ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

(3) ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

(4) ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;

(5) ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;

(6) ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

(7) ‘controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

(8) ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

(9) ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

(10) ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;

(11) ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

(12) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

(13) ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;

(14) ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;

(15) ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;

(16) ‘main establishment’ means:

(a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;

(b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;

(17) ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;

(18) ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;

(19) ‘group of undertakings’ means a controlling undertaking and its controlled undertakings

(20) ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;

(21) ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;

(22) ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:

(a) the controller or processor is established on the territory of the Member State of that supervisory authority;

(b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or

(c) a complaint has been lodged with that supervisory authority;

(23) ‘cross-border processing’ means either:

(a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or

(b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.

(24) ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;

(25) ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (19);

(26)  ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
1st proposal close

Art. 4

For the purposes of this Regulation:

(1) 'data subject' means an identified natural person or a natural person who can be identified, directly or indirectly, by means reasonably likely to be used by the controller or by any other natural or legal person, in particular by reference to an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;

(2) 'personal data' means any information relating to a data subject;

(3) 'processing' means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction;

(4) 'filing system' means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;

(5) 'controller' means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes, conditions and means of the processing of personal data; where the purposes, conditions and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;

(6) 'processor' means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;

(7) 'recipient' means a natural or legal person, public authority, agency or any other body to which the personal data are disclosed;

(8) 'the data subject's consent' means any freely given specific, informed and explicit indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;

(9) 'personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

(10) 'genetic data' means all data, of whatever type, concerning the characteristics of an individual which are inherited or acquired during early prenatal development;

(11) 'biometric data' means any data relating to the physical, physiological or behavioural characteristics of an individual which allow their unique identification, such as facial images, or dactyloscopic data;

(12) ‘data concerning health’ means any information which relates to the physical or mental health of an individual, or to the provision of health services to the individual;

(13) ‘main establishment’ means as regards the controller, the place of its establishment in the Union where the main decisions as to the purposes, conditions and means of the processing of personal data are taken; if no decisions as to the purposes, conditions and means of the processing of personal data are taken in the Union, the main establishment is the place where the main processing activities in the context of the activities of an establishment of a controller in the Union take place. As regards the processor, 'main establishment' means the place of its central administration in the Union;

(14) ‘representative’ means any natural or legal person established in the Union who, explicitly designated by the controller, acts and may be addressed by any supervisory authority and other bodies in the Union instead of the controller, with regard to the obligations of the controller under this Regulation;

(15) ‘enterprise’ means any entity engaged in an economic activity, irrespective of its legal form, thus including, in particular, natural and legal persons, partnerships or associations regularly engaged in an economic activity;

(16) 'group of undertakings' means a controlling undertaking and its controlled undertakings;

(17) ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State of the Union for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings;

(18) 'child' means any person below the age of 18 years;

(19) 'supervisory authority' means a public authority which is established by a Member State in accordance with Article 46.

 
2nd proposal close

Art. 4

For the purposes of this Regulation:

(1) 'personal data' means any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly (...), in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

(2a)

(...)

(3) 'processing' means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination (...) restriction, erasure or destruction ;

(3a) 'restriction of processing' means the marking of stored personal data with the aim of limiting their processing in the future ;

(3b) 'pseudonymisation' means the processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information, as long as such additional information is kept separately and subject to technical and organisational measures to ensure non -attribution to an identified or identifiable person (...).

(4) 'filing system' means any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;

(5) 'controller' means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes (...) and means of the processing of personal data; where the purposes (...) and means of processing are determined by Union law or Member State law, the controller or the specific criteria for his nomination may be designated by Union law or by Member State law;

(6) 'processor' means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;

(7) 'recipient' means a natural or legal person, public authority, agency or any other body (...) to which the personal data are disclosed, whether a third party or not ; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients ;

(8) 'the data subject's consent' means any freely -given, specific and informed (...) indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to them being processed;

(9) 'personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

(10) 'genetic data' means all personal data relating to the genetic characteristics of an individual that have been inherited or acquired, (...) which give unique information about the physiology or the health of that individual, resulting in particular from an analysis of a biological sample from the individual in question ;

(11) 'biometric data' means any personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of an individual which allows or confirms the unique identification of that individual, such as facial images, or dactyloscopic data;

(12) 'data concerning health' means data related to the physical or mental health of an individual, which reveal information about his or her health status ;

(12a) 'profiling' means any form of automated processing of personal data consisting of using those data to evaluate personal aspects relating to a natural person, in particular to analyse and predict aspects concerning performance at work, economic situation, health, personal preferences, or interests, reliability or behaviour, location or movements;

(12b) (...)

(13) 'main establishment' means

- as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes (...) and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented , in this case the establishment having taken such decisions shall be considered as the main establishment.

- as regards a  processor with establishments in more than one Member State, the place of its central administration in the Union and, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;

(14) 'representative' means any natural or legal person established in the Union who, (...) designated by t he controller in writing pursuant to Article 25, represents the controller with regard to the obligations of the controller under this Regulation (...);

(15) 'enterprise' means any natural or legal person engaged in an economic activity, irrespective of its legal form, (...) including (...) partnerships or associations regularly engaged in an economic activity;

 (16) 'group of undertakings' means a controlling undertaking and its controlled undertakings;

(17) 'binding corporate rules' means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State of the Union for transfers or a set of transfers of personal data to a controller or processor  in one or more third countries within a group of undertakings or group of enterprises engaged in a joint economic activity ;

(18) (...)

(19) 'supervisory authority' means  an independent public authority which is established by a Member State pursuant to Article 46;

(19a)  'concerned supervisory authority' means 

-   a supervisory authority which is concerned by the processing because:

a) the controller or processor  is established on the territory of the Member State of  that supervisory authority; 

b) data subjects residing in this Member State are  substantially affected or likely to be substantially affected by the processing;

 or

c) the underlying complaint has been lodged to that supervisory authority. 

(19b) 'transnational processing of personal data' means either:

(a) processing which takes place in the context of the activities of establishments in more than one Member State of a controller or a processor in theUnion and the controller or processoris established in more than one Member State; or

(b) processing which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.

(19c) 'relevant and reasoned objection' means: an objection as to whether there is an infringement of this Regulation or not, or, as the case may be, whether the envisaged action in relation to the controller or processor is in conformity with the Regulation. The objection shall clearly demonstrate the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and where applicable, the free flow of personal data.

(20) 'Information Society service' means any service as defined by Article 1 (2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services  .

(21) 'international organisation' means an organisation and its subordinate bodies governed by public international law or any other body which is set up by, or on the basis of, an agreement between two or more countries;
Directive close

Art. 2

For the purposes of this Directive:

(a) 'personal data' shall mean any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

(b) 'processing of personal data' ('processing') shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

(c) 'personal data filing system' ('filing system') shall mean any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;

(d) 'controller' shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law;

(e) 'processor' shall mean a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;

(f) 'third party' shall mean any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the data;

(g) 'recipient' shall mean a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;

(h) 'the data subject's consent' shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed.

 
Hungary
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visibility Old law

3. *  különleges adat: a személyes adatok különleges kategóriáiba tartozó minden adat, azaz a faji vagy etnikai származásra, politikai véleményre, vallási vagy világnézeti meggyőződésre vagy szakszervezeti tagságra utaló személyes adatok, valamint a genetikai adatok, a természetes személyek egyedi azonosítását célzó biometrikus adatok, az egészségügyi adatok és a természetes személyek szexuális életére vagy szexuális irányultságára vonatkozó személyes adatok,

3a. *  genetikai adat: egy természetes személy örökölt vagy szerzett genetikai jellemzőire vonatkozó minden olyan személyes adat, amely az adott személy fiziológiájára vagy egészségi állapotára vonatkozó egyedi információt hordoz, és amely elsősorban az adott természetes személyből vett biológiai minta elemzéséből ered;

3b. *  biometrikus adat: egy természetes személy fizikai, fiziológiai vagy viselkedési jellemzőire vonatkozó olyan, sajátos technikai eljárásokkal nyert személyes adat, amely lehetővé teszi vagy megerősíti a természetes személy egyedi azonosítását, mint például az arckép vagy a daktiloszkópiai adat;

3c. *  egészségügyi adat: egy természetes személy testi vagy szellemi egészségi állapotára vonatkozó személyes adat, ideértve a természetes személy számára nyújtott egészségügyi szolgáltatásokra vonatkozó olyan adatot is, amely információt hordoz a természetes személy egészségi állapotáról

4. bűnügyi személyes adat: a büntetőeljárás során vagy azt megelőzően a bűncselekménnyel vagy a büntetőeljárással összefüggésben, a büntetőeljárás lefolytatására, illetve a bűncselekmények felderítésére jogosult szerveknél, továbbá a büntetés-végrehajtás szervezeténél keletkezett, az érintettel kapcsolatba hozható, valamint a büntetett előéletre vonatkozó személyes adat;

6. közérdekből nyilvános adat: a közérdekű adat fogalma alá nem tartozó minden olyan adat, amelynek nyilvánosságra hozatalát, megismerhetőségét vagy hozzáférhetővé tételét törvény közérdekből elrendeli;

11. adattovábbítás: az adat meghatározott harmadik személy számára történő hozzáférhetővé tétele;

11a. *  közvetett adattovábbítás: személyes adatnak valamely harmadik országban vagy nemzetközi szervezet keretében adatkezelést folytató adatkezelő vagy adatfeldolgozó részére továbbítása útján valamely más harmadik országban vagy nemzetközi szervezet keretében adatkezelést folytató adatkezelő vagy adatfeldolgozó részére történő továbbítása;

11b. *  nemzetközi szervezet: a nemzetközi közjog hatálya alá tartozó szervezet és annak alárendelt szervei, továbbá olyan egyéb szerv, amelyet két vagy több állam közötti megállapodás hozott létre vagy amely ilyen megállapodás alapján jött létre;

12. nyilvánosságra hozatal: az adat bárki számára történő hozzáférhetővé tétele; Tárgyszó

13. *  adattörlés: az adat felismerhetetlenné tétele oly módon, hogy a helyreállítása többé nem lehetséges;

16. *  adatmegsemmisítés: az adatot tartalmazó adathordozó teljes fizikai megsemmisítése;

17. *  adatfeldolgozás: az adatkezelő megbízásából vagy rendelkezése alapján eljáró adatfeldolgozó által végzett adatkezelési műveletek összessége;

21. adatállomány: az egy nyilvántartásban kezelt adatok összessége;

23. EGT-állam: az Európai Unió tagállama és az Európai Gazdasági Térségről szóló megállapodásban részes más állam, továbbá az az állam, amelynek állampolgára az Európai Unió és tagállamai, valamint az Európai Gazdasági Térségről szóló megállapodásban nem részes állam között létrejött nemzetközi szerződés alapján az Európai Gazdasági Térségről szóló megállapodásban részes állam állampolgárával azonos jogállást élvez;

24. harmadik ország: minden olyan állam, amely nem EGT-állam;
Old law close

Definitions

§ 3 Data Protection Act

For the purposes of this Act:

1. ‘data subject’ shall mean a natural person who has been identified by reference to specific personal data, or who can be identified, directly or indirectly;

2. ‘personal data’ shall mean any information relating to the data subject, in particular by reference to his name, an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, and any reference drawn from such information pertaining to the data subject;

3. ‘special data’ shall mean:

a) personal data revealing racial origin or nationality, political opinions and any affiliation with political parties, religious or philosophical beliefs or trade-union membership, and personal data concerning sex life,

b) personal data concerning health, pathological addictions, or criminal record;

4. ‘personal data processed in criminal matters’ shall mean personal data that might be related to the data subject or that pertain to any prior criminal offense committed by the data subject and that is obtained by organizations authorized to conduct criminal proceedings or investigations or by penal institutions during or prior to criminal proceedings in connection with a crime or criminal proceedings;

5. ‘public information’ shall mean any known fact, data and information, other than personal data, that are processed and/or used by any person or body attending to statutory State or municipal government functions or performing other public duties provided for by the relevant legislation (including those data pertaining to the activities of the given person or body), irrespective of the method or format in which it is recorded, and whether autonomous or part of a compilation, such as, in particular, data relating to powers and competencies, organizational structures, professional activities and the evaluation of such activities covering various aspects thereof, such as efficiency, the types of data held and the regulations governing operations, as well as data relating to financial management and to contracts concluded;

6. ‘information of public interest’ shall mean any data, other than public information, that are prescribed by law to be published, made available or otherwise disclosed for the benefit of the general public;

7. ‘the data subject’s consent’ means any freely and expressly given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed without limitation or with regard to specific operations;

8. ‘the data subject’s objection’ shall mean an indication of his wishes by which the data subject objects to the processing of his personal data and requests that the processing of data relating to him be terminated and/or the processed data be deleted;

9. ‘controller’ shall mean the natural or legal person, or unincorporated body which alone or jointly with others determines the purposes of the processing of data, makes decisions regarding data processing (including the means) and implements such decisions itself or engages a data processor to execute them;

10. ‘processing of data’ shall mean any operation or set of operations that is performed upon data, whether or not by automatic means, such as in particular collection, recording, organization, storage, adaptation or alteration, use, retrieval, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction, and blocking them from further use, photographing, sound and video recording, and the recording of physical attributes for identification purposes (such as fingerprints and palm prints, DNA samples and retinal images);

11. ‘disclosure by transmission’ shall mean making data available to a specific third party;

12. ‘public disclosure’ shall mean making data available to the general public;

13. ‘erasure of data’ shall mean the destruction or elimination of data sufficient to make them irretrievable;

14. ‘referencing’ shall mean the marking of stored data for the purpose of identification;

15. ‘blocking of data’ shall mean the marking of stored data with the aim of limiting their processing in future permanently or for a predetermined period;

16. ‘destruction of data’ shall mean the complete physical destruction of the medium containing data;

17. ‘data processing’ shall mean the technical operations involved in data control, irrespective of the method and instruments employed for such operations and the venue where it takes place, provided that such technical operations are carried out on the data;

18. ‘data processor’ shall mean a natural or legal person or unincorporated organization that is engaged under contract in the processing of personal data, including when the contract is concluded by virtue of law;

19. ‘data source’ shall mean a body having public service functions, that is responsible for the inception - in the course of operations or otherwise - of any statutory public information to be published by way of electronic means;

20. ‘data disseminator’ shall mean a body having public service functions, that shall publish data received from the data source on a website, unless it is published by the data source himself;

21. ‘data set’ shall mean all data contained in a filing system;

22. ‘third party’ shall mean any natural or legal person or unincorporated organization other than the data subject, the controller or the processor;

23. ‘EEA Member State’ shall mean any Member State of the European Union and any State that is a party to the Agreement on the European Economic Area, furthermore, any other country whose citizens are enjoying the same treatment as nationals of States who are parties to the Agreement on the European Economic Area by virtue of an agreement between the European Union and its Member States and a State that is not a party to the Agreement on the European Economic Area;

24. ‘third country’ shall mean any State other than EEA Member States;

25. ‘mandatory organizational governance’ shall mean internal data protection rules adopted by a data controller or a group of data controllers active in more than one countries, including at least one EEA Member State, approved by the Nemzeti Adatvédelmi és Információszabadság Hatóság (National Authority for Data Protection and Freedom of Information) (hereinafter referred to as “Authority”) that is binding on the data controller or group of data controllers, intended to ensure in the case of disclosure by transmission to a third country the protection of personal data through the unilateral commitment of the data controller or group of data controllers;

26. ‘privacy incident’ shall mean the unlawful use or processing of personal data meaning, in particular, unauthorized access, alteration, transfer, disclosure by transmission or deletion as well as damage and accidental destruction.
Spain close

Article 3. Definitions.- Organic Law 15/1999 on the Protection of Personal Data

The following definitions shall apply for the purposes of this Organic Law:

a) Personal data: any information concerning identified or identifiable natural persons.

b) File: any structured set of personal data, whatever the form or method of its creation,

storage organisation and access.

c) Processing of data: operations and technical processes, whether or not by automatic means, which allow the collection, recording, storage, adaptation, modification, blocking and cancellation, as well as assignments of data resulting from communications,consultations, interconnections and transfers.

d) Controller: natural or legal person, whether public or private, or administrative body which determines the purpose, content and use of the processing.

e) Data subject: the natural person who owns the data undergoing the processing referred to in (c) above.

f) Dissociation procedure: any processing of personal data carried out in such a way that the information obtained cannot be associated with an identified or identifiable person.

g) Processor: the natural or legal person, public authority, service or any other body which alone or jointly with others processes personal data on behalf of the controller.

h) Consent of the data subject: any free, unequivocal, specific and informed indication of his wishes by which the data subject consents to the processing of personal data relating to him.

i) Assignment or communication of data: any disclosure of data to a person other than the data subject.

j) Sources accessible to the public: those files which can be consulted by anyone, which are not subject to restrictive legislation, or which are subject only to payment of a consultation fee. Only the following shall be considered to be sources accessible to the public: the publicity register, telephone directories subject to the conditions laid down in the relevant regulations, and the lists of persons belonging to professional associations containing only data on the name, title, profession, activity, academic degree, address and an indication of his membership of the association. Newspapers, official gazettes and the media shall also be considered sources with public access.

Article 5 . Definitions. Royal Decree 1720/2007 Implementing the Organic Law 15/1999 on the Protection of Personal Data.-

1. The following definitions shall apply for the purposes of this Regulation:

a) Data subject: the natural person to whom the data undergoing processing pertain.

b) Erasure: procedure through which the data controller stops using data. Erasure shall imply data being blocked, comprising their identification and retention in order to prevent processing with the exception of being at the disposal of public administrations, judges and courts for the purpose of determining any liability arising from processing, and only for the duration of such liability. On the expiry of such term, the data shall be deleted.

c) Assignment or communication of data: processing that implies disclosing the data to a person other than the data subject.

d) Data subject’s consent: any free, unequivocal, specific and informed indication of his wishes by which the data subject consents to the processing of personal data relating to him.

e) Dissociated data: that not allowing identification of the data subject.

f) Personal data: any alphanumeric, graphic, photographic, acoustic or any other type of information pertaining to identified or identifiable natural persons.

g) Health-related personal data: information regarding the past, present and future health,physical or mental, of an individual. In particular, data referring to the level of disability and genetic information of a person are considered to relate to health.

h) Recipient: the natural person or legal entity, public or private or administrative body to which data are disclosed. Entities without legal personality acting as separate parties in the operation may also be recipients.

i) Data processor: the natural person or legal entity, public or private, or administrative body that, alone or jointly with others, processes personal data on behalf of the data controller, due to the existence of legal relations binding them and delimiting the scope  of his action for the provision of a service.

Entities without legal personality acting as separate parties in the operation may also be data processors.

j) Exporter of personal data: the natural person or legal entity, public or private, or administrative body situated in Spanish territory that carries out, pursuant to the provisions herein, a transfer of personal data to a third country.

k) Filing system: any structured set of personal data which are accessible according to specific criteria, whatever the form or method of its creation, storage, organisation and access.

l) Privately-owned filing systems: files controlled by persons, companies or private law entities, , irrespective of who owns their capital or the origin of their economic resources, as well as files controlled by public law corporations, as long as such files are not strictly associated with the exercise of public law powers attributed to them by their specific legislation.

m) Publicly-owned filing systems: files controlled by constitutional bodies with constitutional importance of the State or autonomous institutions with similar functions, local public administrations, as well as associated or dependent entities or bodies and public law Corporations, as long as their purpose is the exercise of public law powers.

n) Non-automated filing system: any set of personal data organised in a non-automated and structured manner pursuant to specific criteria regarding natural persons, that allows access without disproportionate effort to personal data, whether it is centralised, local or distributed by function or geographically.

ñ) Importer of personal data: the natural person or legal entity, public or private, or administrative body receiving the data in the event of their international transfer to a third country, whether it is the data controller, data processor or third party.

o) Identifiable person: any person who may be identified, directly or indirectly, through any information regarding his physical, physiological, psychological, economic, cultural or social identity. A natural person shall not be deemed identifiable if such identification requires disproportionate periods of time or activities.

p) Dissociation procedure: any data processing allowing dissociated data to be obtained.

q) Data controller: a natural person or legal entity, public or private, or administrative body, that alone or jointly with others decides on the purpose, content and use of the processing, although he does not effectively do it.

Entities without legal personality acting as separate parties in the operation may also be data controllers.

r) Third parties: the natural person or legal entity, public or private, or administrative body other than the data subject, the data controller, the data processor and the persons authorised to process the data under the direct authority of the data controller or data processor.

Entities without legal personality acting as separate parties in the operation may also be third parties.

s) International transfer of data: data processing that implies their transmission outside the territory of the European Economic Area, whether as an assignment or data disclosure, or for the purpose of data processing on behalf of the data controller established in Spanish territory.

t) Processing of data: any operation or technical process, whether automated or not, that allows the collection, recording, storage, creation, amendment, consultation, use, rectification, erasure, blocking or deletion, as well as the disclosure of data arising from communications, consultations, interconnections and transfers.

2. In particular, the following definitions shall apply regarding the provisions of Title VIII hereof:

a) Authorised access: authorisations granted to a user to use the various resources. If appropriate, these shall include authorisations or functions of a user delegated by the data controller or the security officer.

b) Authentication: procedure for checking a user’s identity.

c) Password: confidential information, frequently formed by a line of characters that may be used in the authentication of a user or access to a resource.

d) Control of access: mechanism that depending on previously authenticated identification allows access to data or resources.

e) Backup copy: copy of the data in an automated file in a format that allows for its recovery.

f) Document: any written, graphic, audible, image or any other kind of information that may be processed in an information system as a separate unit.

g) Temporary files: working files created by users or processes that are necessary for occasional processing or as an intermediate stage during processing.

h) Identification: procedure of recognition of a user’s identity.

i) Incident: any event that affects or may affect a user’s identity.

j) User profile: authorised access to a group of users.

k) Resource: any component of an information system.

l) Security officer: person or persons to whom the data controller has formally assigned the task of co-ordinating and controlling the applicable security measures.

m) Information system: set of files, processes, programs, media and, if appropriate, equipment used for processing personal data.

n) System of processing: manner in which an information system is organised or used. Depending on the system of processing, information systems may be automated, nonautomated o partially automated.

ñ) Support: physical object that stores or contains data or documents, or an object capable of being processed in an information system and on which data can be recorded and recovered.

o) Transfer of documents: any transfer, communication, despatch, delivery or dissemination of information contained therein.

p) User: subject or process authorised to access data or resources. Processes allowing access to data or resources without the identification of a physical user shall be considered users.

 

 

 

 
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