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No L 281/40 Official Journal of the European Communities 23. 11, 95) SECTION | PRINCIPLES RELATING TO DATA QUALITY Article 6 1. Member States shall provide that personal data must be la} provessed fairly and lawfully (b) collected for specified, explicit and legitimate purposes and not further processed ina way incompatible with those purposes. Further processing ‘of data for historical, statistical oF svientific purposes shall nor be considered as incomparible provided thar Member States provide appropriate safeguards . relevant and not excessive in relation to the purposes for which they are collected and/or further processed (a) accurate and, whore necessary, kepe up to dates every reasonable step must be taken co ensure that data which are inaccurate or incomplete, having regard to the pueposes for which they were collected or for which they are further processed, ate erased or restilid [e} kept in a form which permits identification of data subjects for no longer than is nevessary for the purposes for which the data were collected or for which they are further processed, Member States shall lay clown appropriate safeguards for personal data stored for longer periods far historical, statistical ar scientific use 2. Te shall be for the eomtroller to ensure that paragraph Vis complied with. CRITERIA FOR MAKING DATA PROCESSING LEGITIMATE Article 7 Member States shall provide that personal data may be processed only if fa} the data subject has unambiguously given his consents {bh processing is nevessary for the performance of a Contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract or (c) processing is necessary for compliance with a legal Ubligation ro shih the controller 9 subjects oF (a) processing is necessary in order t0 protect the vital Interests of the data subject; oF (c) provessing 1s necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller or in a third party to whom the data are disclosed: oF processing is necessary for the purposes of the legitimate interests pursued by the controller or by the third party or parties to whom the data are disclosed, except where such interests are overridden bythe interests for fundamental rights and freedoms of the ddata subject which require protection under Anicle V0). SECTION ti SPECIAL CATEGORIES OF PROC Article 8 The processing of special categories of data 1. Member States shall prohibit the processing of personal data revealing racial or ethme origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning hhoalth or nox ie Parageaph 1 chall nat apply where {a} the data subject has given hs explicit consent 10 the provessing of those data, except where the laws of the Member State provide that the prohibition referred to in paragraph 1 may not be lifted by the data subjects siving, his consent; or {b) processing is necessary for the purposes of carrying four the obligations and specific rights of the controler inthe fickd of employment law in ae far 99 it is authorized by national law providing for adequate safeguards; oF processing is nevessary to protect the vital interests of the data subject or of another person where che sata subject is physically oF legally incapable of giving his (4) processing is carried out in the course of its legitimate activities with appropriate guarantees by a foundation, association or any othe on-profitsccking body with apolitical, philosophical. religious or trade-union aim and on Condition that the processing, relates. solely 10. the smembers of the body or to persons who have regular 2.198 CEN] contact with it in connection with its purposes and! that the data are not disclosed to a thied party without the consent of the data subjeetss oF (e} the processing relates to data which are manifestly made public by the data subject oF 1s necessary for the establishment, exercise or defence of legal 3. Paragraph 1 shall not apply where provessing of the data is required for the purposes of preventive medicine, medical diagnosis, the provision of care or treatment oF mnt oF health-care serviees, and where thone data are processed by a health professional subject under national law oF rules established by national competent bodies to the obligation of professional. secrecy or by another person also subject to an equivalent obligation of 4. Subject to the provision of suitable safeguards, Member Stares may, for reasons of substantial public Interest, lay down exemptions in addition to those laid down in paragraph 2 either by national law or by decision of the supervisory authority 5. Processing of data relating to offences, criminal convictions oF secuity: measures may be carried out only under the control of official authority, or if suitable specific safeguards are provided under national law. subject t0 derogations which may be granted by the Member State under national provisions providing, Suitable specific safeguards, However, a complete register of criminal convictions may be kept only under the control of official authority Member States. may provide that data relating 1 administranve sanctions or judgements in civil cases shall fake he pracesed under the cantral of afficial authority 6. Derogations from paragraph 1 provided for in parageaphs 4 and 5 shall be notified to the Com: Member States shall determine the conditions under which a national identification number or any other idenifier of general applicadion may be provensed. Article 9 Processing of personal data and freedom of expression Member States shall provide for exemptions or

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