Recital 30*

Commission Proposal

30. The principle of fair processing requires that the data subjects should be informed in particular of the existence of the processing operation and its purposes, how long the data will be stored, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.

EDRi’s proposed amendment

30. The principle of fair and transparent processing requires that the data subjects should be informed in particular of the existence of the processing operation and its purposes, how long the data will be stored, on the existence of the right of access, rectification or erasure and on the right to lodge a complaint. Where the data are collected from the data subject, the data subject should also be informed whether they are obliged to provide the data and of the consequences, in cases they do not provide such data.

Justification

Reference should be made to the principle of transparency, introduced in Article 4. While some restrictions may be justified under certain circumstances in the law-enforcement sector, the principle that data processing should be transparent should also be included in the Directive.

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