The juvenile and family court judge may authorize processing even without
the tutor’s consent when it is required in the child’s best interest.
At anytime, the authorization may be withdrawn by the juvenile and family
court judge.
Article 29:
The processing of personal data can be carried out without the consent of the
data subject in the following situations:
- When it has been proved without doubt that the processing is carried out in
the data subject’s own interest;
- When it is impossible to contact the data subject;
- When obtaining consent implicates disproportionate endeavor;
- When the processing of personal data is allowed by law or contract to which
the data subject is a party.
Article 30:
The consent given to the processing of personal data under a given form for a
given purpose shall not apply to other forms or purposes.
It is prohibited to use the processing of personal data for promotional
purposes unless the data subject, his heirs or his tutor gives his explicit and
specific consent. This consent shall be governed by the general rules of law.
The provisions of article 28 of the hereby Act shall apply if the data subject is
a child.
Article 31:
After the deadline of the opposition of the "Instance" set by article 7 of the
hereby Act, the data subject must be notified first, by any means that leave a
written trace, as follows:
- The kind of personal data concerned by the processing;
- The purposes of the personal data processing;
- Whether replies to the questions are compulsory or optional;
- The possible consequences of the absence of reply;
- The name of the individual or legal entity which benefits from the data or the
name of the individual or legal entity which disposes of the right of access and
its residence;
- The name and first name or the company name of the data controller and if
needs be the name and residence of his representative;
- Their right of access to the data relating to them;
- Their right to withdraw, at anytime, their consent to the processing;
- Their right of opposition to the processing of their personal data;
- The period of personal data storage;
- A synopsis of the steps taken in order to guarantee the safety of personal
data;
- When applicable, the intended transfer of personal data to another state.
Notification shall be given within one month of the scheduled date of the
personal data processing, by registered letter with acknowledgement on
receipt or by any other means that leave a written trace.
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