Document ID: chunk:federal_register_of_legislation:C2024C00057:schedule:10:p12
Version: federal_register_of_legislation:C2024C00057
Segment Type: schedule
Provision Reference: sch 10 (pt 12/15)
Character Range: 352755–355729

of the Parties, the following provisions shall apply, taking into consideration other binding provisions of the Parties:

     (a) For the implementation of this Agreement and the legislation referring thereto personal data may be communicated to the competent bodies of the receiving Party. The receiving body shall not use the data for any purpose other than for that which it was originally communicated. Onward transmission of personal data within the territory of the receiving Party to other bodies is admissible in conformity with the domestic law of the receiving Party insofar as it serves social security purposes or the purposes of the legislation specified in subparagraph 1(a)(ii) of Article 2 including related court procedures. Even in the case of disclosure of information in public court proceedings or in judicial decisions personal data shall be treated as confidential unless its disclosure is necessary to safeguard overriding the legitimate interests of another person or overriding substantial public interests.

     (b) Any personal data communicated in whatsoever form between the responsible authorities, institutions or any other bodies concerned pursuant to this Agreement or to any arrangement implementing this Agreement shall be treated as confidential in the same manner as like information obtained under the domestic law of the receiving Party. These obligations shall apply to all persons fulfilling tasks under this Agreement and to persons otherwise bound by the obligation of confidentiality relating to personal data.

     (c) In specific cases the receiving body shall give information upon request of the communicating body about both the use of the personal data received and the results which had been achieved through the use of this personal data.

     (d) The communicating body shall ensure that personal data communicated pursuant to this Agreement is accurate and up‑to‑date. Before initiating any communication of personal data the communicating body shall examine whether or not the communication is necessary and proportionate with regard to the purpose of the communication in question. This is to be done with due consideration to prohibitions on communication existing in the relevant domestic law. In the case of communication of inaccurate data or data which was not permitted to have been communicated under the domestic law of the communicating Party the receiving body must be informed thereof without undue delay. The latter shall carry out the necessary deletion or correction of the data immediately. If the receiving body has reason to suppose that communicated data might be inaccurate or should be deleted, this body shall immediately inform the communicating body thereof without undue delay.

     (e) A person whose personal data has been communicated pursuant to the Agreement, who proves their identity in an appropriate manner, shall, upon request of that person, be provided by the body responsible