“Article 9 – Rights of the data subject”.
2.The text of Article 8 of the Convention (new Article 9) shall be replaced by the following:- “1.
- Every individual shall have a right:
- a)not to be subject to a decision significantly affecting him or her based solely on an automated processing of data without having his or her views taken into consideration;
- b)to obtain, on request, at reasonable intervals and without excessive delay or expense, confirmation of the processing of personal data relating to him or her, the communication in an intelligible form of the data processed, all available information on their origin, on the preservation period as well as any other information that the controller is required to provide in order to ensure the transparency of processing in accordance with Article 8, paragraph 1;
- c)to obtain, on request, knowledge of the reasoning underlying data processing where the results of such processing are applied to him or her;
- d)to object at any time, on grounds relating to his or her situation, to the processing of personal data concerning him or her unless the controller demonstrates legitimate grounds for the processing which override his or her interests or rights and fundamental freedoms;
- e)to obtain, on request, free of charge and without excessive delay, rectification or erasure, as the case may be, of such data if these are being, or have been, processed contrary to the provisions of this Convention;
- f)to have a remedy under Article 12 where his or her rights under this Convention have been violated;
- g)to benefit, whatever his or her nationality or residence, from the assistance of a supervisory authority within the meaning of Article 15, in exercising his or her rights under this Convention.
- 2.
- Paragraph 1.a shall not apply if the decision is authorised by a law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests.”
