Debates Parlamentares - Diário 021S1, p. 16 (2011-08-31)

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16 | II Série A - Número: 021S1 | 31 de Agosto de 2011

b) The date of supply; and c) The recipient of the data in case the data is supplied to other entities.

4. The recorded data must be protected with suitable measures against inappropriate use and other forms of improper use and shall be kept for two years. 5. After the conservation period the recorded data shall be deleted immediately, unless this is inconsistent with national law, including applicable data protection and retention rules. 6. According to their national law, responsibility for legal checks on the supply, receipt, processing, and recording of personal data lies with the independent data protection authorities or, where applicable, oversight bodies, privacy officers, or judicial authorities of the respective Parties. Article 16 Data Security

1. The Parties shall ensure that the necessary technical measures and organizational arrangements are utilized to protect personal data against accidental or unlawful destruction, accidental loss or unauthorized disclosure, alteration, access or any unauthorized form of processing. 2. The Parties in particular shall reasonably take measures to ensure that only those authorized to access personal data can have access to such data.
3. The implementing documents that govern the procedures for automated queries of fingerprint and DNA files pursuant to Articles 4 and 8 shall provide:

a) That appropriate use is made of modern technology to ensure data protection, security, confidentiality and integrity; b) That encryption and authorization procedures recognized by the competent authorities are used when having recourse to generally accessible networks; c) For a mechanism to ensure that only permissible queries are conducted.

Article17 Transparency – Providing information to the data subjects

1. Nothing in this Agreement shall be interpreted to interfere with the Parties’ legal obligations, as set forth by their respective laws, to provide data subjects with information as to the purposes of the processing and the identity of the data controller, the recipients or categories of recipients, the existence of the right of access to and the right to rectify the data concerning him or her and any further information such as the legal basis of the processing operation for which the data are intended, the time limits for storing the data and the right of recourse consistent with national law, in so far as such further information is necessary, having regard for the purposes and the specific circumstances in which the data are processed, to guarantee fair processing with respect to data subjects.
2. Such information may be denied in accordance with the respective laws of the Parties, including if providing this information may jeopardize:

a) The purposes of the processing; b) Investigations or prosecutions conducted by the competent authorities of the Parties; or c) The rights and freedoms of third parties. Article 18 Information

1. Upon request, the receiving Party shall inform the supplying Party of the processing of supplied data and the result obtained.

16 | II Série A - Número: 021S1 | 31 de Agosto de 2011b) The date of supply; and c) The recipient of the data in case the data is supplied to other entities.4. The recorded data must be protected with suitable measures against inappropriate use and other forms of improper use and shall be kept for two years. 5. After the conservation period the recorded data shall be deleted immediately, unless this is inconsistent with national law, including applicable data protection and retention rules. 6. According to their national law, responsibility for legal checks on the supply, receipt, processing, and recording of personal data lies with the independent data protection authorities or, where applicable, oversight bodies, privacy officers, or judicial authorities of the respective Parties. Article 16 Data Security1. The Parties shall ensure that the necessary technical measures and organizational arrangements are utilized to protect personal data against accidental or unlawful destruction, accidental loss or unauthorized disclosure, alteration, access or any unauthorized form of processing. 2. The Parties in particular shall reasonably take measures to ensure that only those authorized to access personal data can have access to such data.
3. The implementing documents that govern the procedures for automated queries of fingerprint and DNA files pursuant to Articles 4 and 8 shall provide:a) That appropriate use is made of modern technology to ensure data protection, security, confidentiality and integrity; b) That encryption and authorization procedures recognized by the competent authorities are used when having recourse to generally accessible networks; c) For a mechanism to ensure that only permissible queries are conducted.Article17 Transparency – Providing information to the data subjects1. Nothing in this Agreement shall be interpreted to interfere with the Parties’ legal obligations, as set forth by their respective laws, to provide data subjects with information as to the purposes of the processing and the identity of the data controller, the recipients or categories of recipients, the existence of the right of access to and the right to rectify the data concerning him or her and any further information such as the legal basis of the processing operation for which the data are intended, the time limits for storing the data and the right of recourse consistent with national law, in so far as such further information is necessary, having regard for the purposes and the specific circumstances in which the data are processed, to guarantee fair processing with respect to data subjects.
2. Such information may be denied in accordance with the respective laws of the Parties, including if providing this information may jeopardize:a) The purposes of the processing; b) Investigations or prosecutions conducted by the competent authorities of the Parties; or c) The rights and freedoms of third parties. Article 18 Information1. Upon request, the receiving Party shall inform the supplying Party of the processing of supplied data and the result obtained.

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