In case of death or bankruptcy of the data controller or the sub-contractor or in
the case of winding-up the legal entity and according to the situation, the
heirs, the trustee in bankruptcy or the liquidator must inform the "Instance"
within three months from the date of the event.
The "Instance", in accordance with the former paragraph, shall authorize the
destruction of personal data within one month from the date of its being
informed.
Article 25:
In case of suspension of activities for the reasons specified in the previous
article, the "Instance" may decide to communicate personal data, in the two
following cases:
1) Whether the "Instance" considers it useful for historical or scientific
purposes;
2) Whether the person, who gave notification, proposes to communicate all or
a part of the personal data to an individual or a legal entity, after giving its
identity accurately.
The "Instance", in that case, may accept communication of the personal data
to the proposed person. Effective communication shall be carried out after
consent of the data subject, his tutors or his heirs received by any means that
leave a written trace.
If consent is not given, within three months from the date of its formulation,
the personal data must be destroyed
Article 26:
In case of suspension of the activities of the data controller or the subcontractor for the reasons mentioned in Article 24 of the hereby Act, the data
subject, his heirs or each person who has an interest or the Public Prosecutor
may ask the "Instance" to take appropriate steps for the conservation and
protection of the personal data as well as its destruction.
The "Instance" must decide within ten days from its entitlement.
Section III- The rights of the data subject
Sub-section I- The consent of the data subject
Article 27:
With the exception of the cases regulated by the hereby Act and the laws in
force, the processing of personal data cannot be carried out without the
express and written consent of the data subject. This consent shall be
governed by the general rules of law if the data subject is incompetent or
unauthorized or incompetent to sign.
The data subject or his tutor is allowed to withdraw his consent, at anytime
during the processing.
Article 28:
The processing of personal data related to a child cannot be carried out
without the consent of his tutor and after authorization of the juvenile and
family court judge.
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