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Directive (EU) 2016/680 of the European Parliament and of the CouncilShow full title

Directive (EU) 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA

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Article 13Information to be made available or given to the data subject

1.Member States shall provide for the controller to make available to the data subject at least the following information:

(a)the identity and the contact details of the controller;

(b)the contact details of the data protection officer, where applicable;

(c)the purposes of the processing for which the personal data are intended;

(d)the right to lodge a complaint with a supervisory authority and the contact details of the supervisory authority;

(e)the existence of the right to request from the controller access to and rectification or erasure of personal data and restriction of processing of the personal data concerning the data subject.

2.In addition to the information referred to in paragraph 1, Member States shall provide by law for the controller to give to the data subject, in specific cases, the following further information to enable the exercise of his or her rights:

(a)the legal basis for the processing;

(b)the period for which the personal data will be stored, or, where that is not possible, the criteria used to determine that period;

(c)where applicable, the categories of recipients of the personal data, including in third countries or international organisations;

(d)where necessary, further information, in particular where the personal data are collected without the knowledge of the data subject.

3.Member States may adopt legislative measures delaying, restricting or omitting the provision of the information to the data subject pursuant to paragraph 2 to the extent that, and for as long as, such a measure constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and the legitimate interests of the natural person concerned, in order to:

(a)avoid obstructing official or legal inquiries, investigations or procedures;

(b)avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;

(c)protect public security;

(d)protect national security;

(e)protect the rights and freedoms of others.

4.Member States may adopt legislative measures in order to determine categories of processing which may wholly or partly fall under any of the points listed in paragraph 3.

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