Information to be provided where personal data has not been obtained from the data subject

20.(1) Where personal data has not been obtained from the data subject, the data controller shall provide the data subject with the following:

(a) the identity and the contact details of the data controller and, where applicable, of the data controller's representative;

(b) the contact details of the data privacy officer, where applicable;

(c) the purposes of the processing for which the personal data is intended as well as the legal basis for the processing;

(d) the categories of personal data concerned;

(e) the recipients or categories of recipients of the personal data, if any;

(f) where applicable, that the data controller intends to transfer personal data to a recipient in a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers to the appropriate safeguards referred to in section 24 Parliamentary Counsel and the means to obtain a copy of them or where they have been made available.

(2) In addition to the information referred to in subsection (1), the data controller shall provide the data subject with the following information necessary to ensure fair and transparent processing in respect of the data subject:

(a) the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

(b) where the processing is done pursuant to section 6(1)(b)(x), the legitimate interests pursued by the data controller;

(c) the existence of the right to request from the data controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject and to object to processing as well as the right to data portability;

(d) where processing is done pursuant to section 6(1)(a) or section 9(1)(a), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

(e) the right to lodge a complaint with the Commissioner;

(f) from the source from which originated the personal data, and if applicable, whether it came from publicly accessible sources;

(g) the existence of automated decision-making, including profiling, referred to in section 18 and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

(3) The data controller shall provide the information referred to in subsections (1) and (2)

(a) within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data is processed;

(b) if the personal data is to be used for communication with the data subject, at the latest, at the time of the first communication to that data subject; or

(c) if a disclosure to another recipient is envisaged, at the latest when the personal data is first disclosed.

(4) Where the data controller intends to further process the personal data for a purpose other than that for which the personal data was obtained, the data controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information as referred to in subsection (2).

(5) Subsections (1), (2), (3) and (4) shall not apply where and insofar as:

(a) the data subject already has the information;

(b) the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes pursuant to section 35;

(c) obtaining or disclosure is expressly laid down by any enactment to which the data controller is subject and which provides appropriate measures to protect the data subject's legitimate interests; or

(d) where the personal data must remain confidential subject to an obligation of professional secrecy regulated by any enactment.