Ti | = | Article 36 - Prior consultation |
1.sec | = | The {_controller} shall consult the {_supervisory_authority} prior to {_processing} where a data protection impact assessment under Article 35 indicates that the {_processing} would result in a high risk in the absence of measures taken by the {_controller} to mitigate the risk. |
2.sec | = | Where the {_supervisory_authority} is of the opinion that the intended {_processing} referred to in paragraph 1 would infringe this Regulation, in particular where the {_controller} has insufficiently identified or mitigated the risk, the {_supervisory_authority} shall, within period of up to eight weeks of receipt of the request for consultation, provide written advice to the {_controller} and, where applicable to the {_processor}, and may use any of its powers referred to in Article 58. That period may be extended by six weeks, taking into account the complexity of the intended {_processing}. The {_supervisory_authority} shall inform the {_controller} and, where applicable, the {_processor}, of any such extension within one month of receipt of the request for consultation together with the reasons for the delay. Those periods may be suspended until the {_supervisory_authority} has obtained information it has requested for the purposes of the consultation. |
3.0.sec | = | When consulting the {_supervisory_authority} pursuant to paragraph 1, the {_controller} shall provide the {_supervisory_authority} with: |
3.1.sec | = | where applicable, the respective responsibilities of the {_controller}, joint {_controllers} and {_processors} involved in the {_processing}, in particular for {_processing} within a {_group_of_undertakings}; |
3.2.sec | = | the purposes and means of the intended {_processing}; |
3.3.sec | = | the measures and safeguards provided to protect the rights and freedoms of {_data_subjects} pursuant to this Regulation; |
3.4.sec | = | where applicable, the contact details of the data protection officer; |
3.5.sec | = | the data protection impact assessment provided for in Article 35; and |
3.6.sec | = | any other information requested by the {_supervisory_authority}. |
3. | = | [G/Z/ol-a/s6] |
4.sec | = | Member States shall consult the {_supervisory_authority} during the preparation of a proposal for a legislative measure to be adopted by a national parliament, or of a regulatory measure based on such a legislative measure, which relates to {_processing}. |
5.sec | = | Notwithstanding paragraph 1, Member State law may require {_controllers} to consult with, and obtain prior authorisation from, the {_supervisory_authority} in relation to {_processing} by a {_controller} for the performance of a task carried out by the {_controller} in the public interest, including {_processing} in relation to social protection and public health. |
= | [G/Z/ol/s5] | |