235.11

¹Any­one who re­quests in­form­a­tion from the con­trol­ler of a data file on wheth­er data con­cern­ing them is be­ing pro­cessed (Art. 8 DPA) must nor­mally re­quest the in­form­a­tion in writ­ing and provide proof of their iden­tity.

²Re­quests for in­form­a­tion as well as the pro­vi­sion of in­form­a­tion may also be made on­line if the con­trol­ler of the data file ex­pressly ar­ranges for this and takes ap­pro­pri­ate meas­ures to:

a.

guar­an­tee the iden­ti­fic­a­tion of the data sub­ject; and

b.

pro­tect the per­son­al data of the data sub­ject when provid­ing in­form­a­tion against un­au­thor­ised ac­cess by third parties.¹

³With the agree­ment of the con­trol­ler of the data file or at his sug­ges­tion, the data sub­ject may in­spect their data in situ. The in­form­a­tion may also be provided verbally if the data sub­ject has con­sen­ted and has been iden­ti­fied by the con­trol­ler.

⁴The in­form­a­tion or the sub­stan­ti­ated de­cision on the re­stric­tion of the right of ac­cess (Art. 9 and 10 DPA) is provided with­in 30 days of re­ceipt of the re­quest for in­form­a­tion. If the in­form­a­tion can­not be provided with­in 30 days, the con­trol­ler of the data file must no­ti­fy the ap­plic­ant of this and of the date by which the in­form­a­tion will be provided.

⁵If one or more data files are jointly held by two or more con­trol­lers, the right of ac­cess may be as­ser­ted against each con­trol­ler, un­less one of them is re­spons­ible for pro­cessing all re­quests for in­form­a­tion. If the con­trol­ler of the data file is not au­thor­ised to provide in­form­a­tion, he shall pass the re­quest on to the per­son re­spons­ible.

⁶If the re­quest for in­form­a­tion relates to data that is be­ing pro­cessed by a third party on be­half of the con­trol­ler of the data file, the con­trol­ler shall pass the re­quest on to the third party for pro­cessing if the con­trol­ler is not able to provide the in­form­a­tion him­self.²

⁷If in­form­a­tion is re­ques­ted on data re­lat­ing to de­ceased per­sons, it must be provided if the ap­plic­ant proves an in­terest in the in­form­a­tion that is not countered by the over­rid­ing in­terests of re­l­at­ives of the de­ceased or third parties. Close re­l­at­ives and per­sons who have been mar­ried to the de­ceased have a jus­ti­fied in­terest.