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Change 1
As published
65 Prior consultation with the Commission
(1) This section applies where a controller intends to create a filing system and process personal data forming part of it.
(2) The controller must consult the Commission prior to the processing if a data protection impact assessment prepared under section 64 indicates that the processing of the data would result in a high risk to the rights and freedoms of individuals (in the absence of measures to mitigate the risk).
(3) Where the controller is required to consult the Commission under subsection (2), the controller must give the Commission—
(a) the data protection impact assessment prepared under section 64, and
(b) any other information requested by the Commission to enable the Commission to make an assessment of the compliance of the processing with the requirements of this Part.
(4) Where the Commission is of the opinion that the intended processing referred to in subsection (1) would infringe any provision of this Part, the Commission must provide written advice to the controller and, where the controller is using a processor, to the processor.
(5) The written advice must be provided before the end of the period of 6 weeks beginning with receipt of the request for consultation by the controller or the processor.
(6) The Commission may extend the period of 6 weeks by a further period of 1 month, taking into account the complexity of the intended processing.
(7) If the Commission extends the period of 6 weeks, the Commission must—
(a) inform the controller and, where applicable, the processor of any such extension before the end of the period of 1 month beginning with receipt of the request for consultation, and
(b) provide reasons for the delay.
Your change, as a redline
65 Prior consultation with the Commission
(1) This section applies where a controller intends to create a filing system and process personal data forming part of it.
(2) The controller must consult the Commission prior to the processing if a data protection impact assessment prepared under section 64 indicates that the processing of the data would result in a high risk to the rights and freedoms of individuals (in the absence of measures to mitigate the risk).
(3) Where the controller is required to consult the Commission under subsection (2), the controller must give the Commission—
(a) the data protection impact assessment prepared under section 64, and
(b) any other information requested by the Commission to enable the Commission to make an assessment of the compliance of the processing with the requirements of this Part.
(4) Where the Commission is of the opinion that the intended processing referred to in subsection (1) would infringe any provision of this Part, the Commission must provide written advice to the controller and, where the controller is using a processor, to the processor.
(5) The written advice must be provided before the end of the period of 6 weeks beginning with receipt of the request for consultation by the controller or the processor.
(6) The Commission may extend the period of 6 weeks by a further period of 1 month, taking into account the complexity of the intended processing.
(7) If the Commission extends the period of 6 weeks, the Commission must—
(a) inform the controller and, where applicable, the processor of any such extension before the end of the period of 1 month beginning with receipt of the request for consultation, and
(b) provide reasons for the delay.
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