Such provisions apply when the subject individual is already aware or his
information turns out impossible or requires disproportionate efforts/sacrifices
with consideration to the profitability/opportunity of the operation.
Section 49: Unless clear consent of the subject individual, the personally
identifiable information/data collected by electronic/digital certification service
providers for certificates issuing and conservation needs related to electronic
signatures must be directly collected from the subject individual and must only
be processed for the motives/objectives for which they have been collected.
Section 50: The responsible of the processing must take all necessary
precautions with regard to the nature of the information/data and the risks
linked to the processing to preserve the security of the information/data and,
inclusively/also prevent their distortion, alteration or that unauthorized
individuals have access to them.
Section 51: Personally identifiable information/data processing may be
operated by a subcontractor, an individual acting under the subordination of
the responsible/officer in charge of the processing or the subcontractor, only if
the responsible/officer in charge of the processing gives such instruction.
Any individual processing personally identifiable information/data on the
behalf of the responsible/officer in charge of the processing is considered a
subcontractor in the view/ of/according to the present law.
The subcontractor must give sufficient warranties to ensure the
implementation of the security and confidentiality measures mentioned in the
ending lines of the present Section. This requirement does not exempt the
responsible/officer of the processing from his obligation to see over the respect
of these measures.
The contract between the sub-contractor and the responsible of the processing
specifies the obligations that the sub-contractor is subject to in matter of
protection of the security and confidentiality of data and specifies that the subcontractor may take action only when the responsible instructs him.