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be processed, the extent of the processing, the data storage period and the
accessibility of the data.
17.
Precautionary principle
If there is a lack of certainty regarding the potential harm to the data subject or
to society that may result from the processing of personal data, the data
controller or data processor must, in order to avoid causing serious and
irreversible harm, refrain from carrying out the processing or take precautionary
or preventive measures to protect the rights of the data subject, his or her human
dignity and other human rights.
The precautionary principle also applies when the risks or the extent of the harm
that would or might result are not known in advance because there is no way of
determining the effects that the data processing would have in the medium or
long term.
18.
Principle of favourable or prevailing interpretation
In case of doubt regarding the interpretation and application of these principles,
the interpretation most favourable to the data subject shall prevail.
19.
Principle of self-regulation
The data controller may, on a voluntary basis, join binding self -regulation
schemes that are aimed at, inter alia, contributing to the proper application of
the present principles and establishing procedures for resolving conflicts between
data controllers and data subjects, without prejudice to other mechanisms that
may be established by the applicable national law on the matter, taking into
account the specific characteristics of the personal data processing, as well as
the effective exercise of and respect for the rights of the data subject.
For the purposes of the preceding paragraph, codes of ethics and certification
systems with their respective trust seals may be developed to contribute to the
achievement of the objectives set forth in this article.
20.
Principle of effective protection of the rights of subjects of personal data
Useful, effective, simple and expeditious mechanisms shall be adopted to
guarantee that subjects of personal data have the right to the following: access,
rectification, deletion (erasure), objection, portability, not be the object of
automated decision-making that produces legal effects for or significantly
affects them, and compensation for damage suffered by them as a result of
improper processing of their information.
In addition to the judicial or administrative actions provided for in national
regulations, the use of alternative dispute resolution methods for disputes
concerning the processing of personal data shall be promoted.
21.
Supervision and sanctions
Each State must designate the authority which, in accordance with its domestic
legal system, is to be responsible for supervising observance of the principles
set forth in the present resolution. This authority must offer guarantees of
impartiality, independence vis-à-vis persons or agencies responsible for
processing and establishing data, and technical competence. In the event of
violation of the provisions of the national law implementing the aforementioned
principles, criminal or other penalties must be envisaged, together with the
appropriate individual remedies.
The authority shall have full autonomy and shall not be subject to any external
influence, direct or indirect, and it shall not request or accept any order or
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