disproportionate effort or when the law expressly determines the
recording/registering of such data or its dissemination.
6. The obligation to provide information shall not apply to the processing of data
carried out solely for journalistic purposes or the purpose of artistic or literary
expression, except at the detriment of rights, freedoms and guarantees of the data
subject.
Article 12
Right of access
1. The data subject has the right to obtain from the controller, without constraints,
with reasonable intervals and without excessive delay or expense:
a) confirmation as to whether or not data relating to him are being processed
and information as to the purposes of the processing, the categories of data
concerned and the recipients or categories of recipients to whom the data are
disclosed;
b) communication in an intelligible form of the data undergoing processing and
of any available information as to their source;
c) knowledge of the logic involved in any automatic processing of data
concerning him, the automated decisions referred to as in 1 of Article 14;
d) the rectification, erasure or blocking of data the processing of which does not
comply with the provisions of the present law, especially due to the
incomplete or inaccurate character of the data;
e) notification to third parties to whom the data have been disclosed of any
rectification, erasure or blocking carried out in compliance with d) unless
this proves impossible or implies disproportionate effort.
2. In cases provided in 4 and 5 of Article 8, the right to access is exercised by
means of the CNPD.
3. In the case provided in 6 of Article 11, the right of access is exercised by means
of the CNPD, securing the constitutional rules applicable, in particular those
guaranteeing freedom of expression and information, freedom of the press and
the professional independence and secrecy of journalists.
4. In cases provided for in 2 and 3 of this Article, if communication of the data
might jeopardise State security, the prevention and investigation of crime, and
freedom of expression and information or freedom of the press, the CNPD shall
only inform the data subject of the measures taken.
5. The right of access to information relating to health data, including genetic data,
is exercised by means of the doctor chosen by the data subject.
6. If the data are used for taking measures or decisions regarding any particular
individual(s), the law may restrict the right to access where there is clearly no
risk of breaching the fundamental rights, freedoms and guarantees of the data
subject, particularly the right to privacy, and when that data are used solely for
purposes of scientific research or are kept in personal form for a period which
does not exceed the period necessary for the sole purpose of creating statistics.
Article 13
(Data subject’s right to object)