CHAPTER IIIRights of the data subject
Article 12Transparent information, communication and modalities for the exercise of the rights of the data subject
1.
The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication F1made under or by virtue of Articles 15 to 22D and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a child. The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
2.
The controller shall facilitate the exercise of data subject rights F2arising under or by virtue of Articles 15 to 22D. In the cases referred to in Article 11(2), the controller shall not refuse to act on the request of the data subject for exercising F3those rights, unless the controller demonstrates that it is not in a position to identify the data subject.
3.
The controller shall provide information on action taken on a request F4made under or by virtue of Articles 15 to 22D to the data subject without undue delay and in any event F5before the end of the applicable time period (see Article 12A). F6... Where the data subject makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
4.
If the controller does not take action on the request of the data subject, the controller shall inform the data subject F7without undue delay, and in any event before the end of the applicable time period (see Article 12A), of the reasons for not taking action and on the possibility of lodging a complaint with F8the Commissioner and seeking a judicial remedy.
5.
F9Subject to Article 15(3), information provided under Articles 13 and 14 and any communication and any actions taken F10under or by virtue of Articles 15 to 22D and 34 shall be provided free of charge. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the controller may either:
(a)
charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or
(b)
refuse to act on the request.
The controller shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.
6.
Without prejudice to Article 11, where the controller has reasonable doubts concerning the identity of the natural person making the request F11made under or by virtue of Articles 15 to 22D, the controller may F12—
(a)
request the provision of additional information necessary to confirm the identity of the data subject F13, and
(b)
delay dealing with the request until the identity is confirmed.
F146A.
The Commissioner may publish (and amend or withdraw)—
(a)
standardised icons for use in combination with information provided to data subjects under Articles 13 and 14;
(b)
a notice stating that other persons may publish (and amend or withdraw) such icons, provided that the icons satisfy requirements specified in the notice as to the information to be presented by the icons and the procedures for providing the icons.
6B.
The Commissioner must not publish icons or a notice under paragraph 6A unless satisfied (as appropriate) that the icons give a meaningful overview of the intended processing in an easily visible, intelligible and clearly legible manner or that the notice will result in icons that do so.
7.
F178.
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F18Article 12A.Meaning of “applicable time period”
1.
In Article 12, “the applicable time period” means the period of one month beginning with the relevant time, subject to paragraph 3.
2.
“The relevant time” means the latest of the following—
(a)
when the controller receives the request in question;
(b)
when the controller receives the information (if any) requested in connection with a request under Article 12(6);
(c)
when the fee (if any) charged in connection with the request under Article 12(5) is paid.
3.
The controller may, by giving notice to the data subject, extend the applicable time period by two further months where that is necessary by reason of—
(a)
the complexity of requests made by the data subject, or
(b)
the number of such requests.
4.
A notice under paragraph 3 must—
(a)
be given before the end of the period of one month beginning with the relevant time, and
(b)
state the reasons for the delay.
5.
Where the controller reasonably requires further information in order to identify the information or processing activities to which a request under Article 15 relates—
(a)
the controller may ask the data subject to provide the further information, and
(b)
the period beginning with the day on which the controller makes the request and ending with the day on which the controller receives the information does not count towards—
(i)
the applicable time period, or
(ii)
the period described in paragraph 4(a).
6.
An example of a case in which a controller may reasonably require further information is where the controller processes a large amount of information concerning the data subject.