Overview

This article requires public authorities or bodies to disclose personal data in official documents only as permitted by Union or Member State law. It ensures a balance between public access to official documents and the data protection rights of individuals under GDPR.


Key Principles

  • Legal Compliance: Disclosure of personal data must align with applicable laws.

  • Balance of Rights: Public access to documents is balanced with protection of data subjects’ rights.

  • Transparency: Authorities must provide access to official documents while safeguarding personal data.

  • Accountability: Public authorities are responsible for lawful processing and disclosure.

Organizational Applicability

This article applies to:

  • Public authorities and bodies handling official documents containing personal data.

  • Supervisory authorities overseeing compliance with data protection obligations.

  • Legal and compliance teams managing public access requests and disclosures.

Implementation Requirements

  • Establish procedures for processing and disclosure of personal data in official documents.

  • Ensure disclosures comply with Union or Member State law.

  • Assess and mitigate risks to data subject rights when releasing documents.

  • Maintain documentation of disclosure decisions and related compliance measures.

Implementation Guidance

  • Train staff on legal requirements and GDPR obligations regarding public access.

  • Develop internal review processes to evaluate requests for official documents.

  • Implement safeguards to minimize personal data exposure while providing access.

  • Periodically review policies and practices to ensure compliance with laws and GDPR.

Periodic Review

  • Frequency: Annually or when legal frameworks, access requests, or internal procedures change.

  • Responsible Role: Compliance Team, Data Protection Officer (DPO), or Legal.

  • Outcome: Ensure lawful, transparent, and balanced disclosure of personal data in official documents.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for entities failing GDPR obligations.

  • Legal Exposure: Liability for unlawful disclosure of personal data.

  • Reputational Damage: Loss of public trust due to mishandling or over-disclosure.

  • Operational Risk: Ineffective disclosure processes may lead to complaints or regulatory action.