Chapter V
Some specific categories of processing
Section 1-Processing of personal data carried out by public entities
Article 53:
Provisions of this section shall apply when processing of personal data is
carried out by public authorities, local government and administrative public
institutions, on the occasion of public security or national defense or criminal
prosecutions or when the processing is necessary to execute their missions,
in accordance with laws and rules in force.
Furthermore, provisions of this section shall apply to the processing of
personal data carried out by health public institutions and public institutions
not mentioned in the former paragraph whenever they use prerogatives of
public power in order to accomplish their mission.
Article 54:
The provisions of articles 7,8,13, 27, 28, 37, 44 and 49 of the hereby Act shall
not apply to the processing of personal data carried out by the entities
mentioned in the former article.
The processing of personal data carried out by the entities mentioned in the
first paragraph of article 53 of the hereby Act is not subject to the provisions of
articles 14, 15 and 42 and to the provisions of the fourth section of the fifth
chapter of the hereby Act.
Article 55:
The entities mentioned in article 53 of the hereby Act must rectify, complete,
modify, update or delete personal data if the data subject, his tutor or his heirs
have reported, by any means that leave a written trace, the inaccuracy or
insufficiency of the data.
Article 56:
The right of access cannot be exercised if the processing of personal data is
carried out by entities mentioned in the article 53 of the hereby Act.
However, as far as the processing of personal data carried out by the entities
mentioned in the second paragraph of article 53 of the hereby Act, is
concerned the data subject, his tutor or his heirs can ask, for lawful reasons,
to correct, complete, rectify, update, modify or delete them, when it is proved
that data is inaccurate and that they have taken cognizance of that.
Article 57:
Communication of personal data to private entities by the entities mentioned
in article 53 of the hereby Act, without the express consent of the data subject
by any means that leave a written trace, is prohibited.
The provisions of article 28 of the hereby Act shall apply if the data subject is
a child. The specific laws in force regulate the other communications.
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