Data Subject Clarification

Published:

13 January 2025

Clarification to the Personal Data Subject on Their Rights, Mechanism for Exercising Them, and Consequences of Granting or Refusing Consent

Consent to the processing of personal data is the free, unequivocal, and informed expression of the personal data subject's will, through which they permit the processing of their personal data.
Consent from the personal data subject is not required for the processing of personal data (except for special categories of personal data) in the following cases:

For the purposes of conducting administrative and/or criminal proceedings, performing operational investigative activities;
For the administration of justice, enforcement of judicial decisions, and other enforcement documents;
For the purposes of conducting control (supervision) in accordance with legislative acts;
When implementing legislation related to national security, combating corruption, preventing the legalization of criminally obtained income, financing terrorism, and the proliferation of weapons of mass destruction;
When implementing election laws, referendum laws, laws related to the recall of a member of the House of Representatives, a member of the Council of the Republic of the National Assembly of the Republic of Belarus, or a local council deputy;
For maintaining individualized (personalized) records of insured persons for state social insurance purposes, including professional pension insurance;
When processing personal data in the course of employment (service) relationships, as well as during the labor (service) activities of the personal data subject in cases provided for by law;
For the appointment and payment of pensions and benefits;
For organizing and conducting state statistical surveys, and for generating official statistical data;
When personal data is obtained by the operator under a contract with the personal data subject, for actions defined by the contract;
When processing personal data provided in a document addressed to the operator and signed by the personal data subject, in accordance with the content of that document;
For protecting the life, health, or other vital interests of the personal data subject or other individuals, if obtaining consent from the personal data subject is impossible;
Regarding previously disclosed personal data before the personal data subject has requested the cessation of processing of the disclosed personal data, as well as its deletion, in the absence of other grounds for processing personal data as provided by the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021, and other legislative acts;
When the processing of personal data is necessary for fulfilling obligations (powers) provided by legislative acts;
When the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021, and other legislative acts explicitly provide for the processing of personal data without the consent of the personal data subject.

The personal data subject has the right to withdraw their consent at any time, without explanation, by submitting a request to the operator in the manner established by Article 14 of the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021, or in the form through which consent was obtained.

The request must include:

Full name, date of birth, address of residence (or stay);
Identification number, or, if absent, the number of the identity document, in cases where this information was provided when granting consent to the operator or when processing personal data is carried out without the personal data subject's consent;
A description of the request;
Personal signature or electronic digital signature.

The operator must, within fifteen days of receiving the request, stop processing the personal data, delete it, and notify the personal data subject about it, if there are no other grounds for such actions with the personal data as provided by legislative acts.

If it is technically impossible to delete the personal data, the operator must take measures to prevent further processing, including blocking, and notify the personal data subject about it.

The personal data subject has the right to receive information related to the processing of their personal data, including:

The name and location of the operator;
Confirmation of the fact that the operator (or authorized person) is processing the personal data;
The personal data and the source of their acquisition;
The legal grounds and purposes for processing the personal data;
The duration for which consent to process the personal data was granted;
The name and location of the authorized person (if the personal data processing has been delegated to a state body, legal entity of the Republic of Belarus, or other organization);
Other information as provided by law.

To obtain the above information, the personal data subject has the right to submit a request to the operator in accordance with Article 14 of the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021.

The personal data subject is not required to justify their interest in the requested information.

The operator must provide the requested information in an accessible form within five business days after receiving the request, unless a different term is established by legislative acts, or notify the personal data subject of the reasons for refusal. The information is provided free of charge, unless otherwise specified by law.

The personal data subject has the right to demand that the operator make changes to their personal data if it is incomplete, outdated, or inaccurate. To do so, the personal data subject must submit a request to the operator in the manner established by Article 14 of the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021, along with the necessary documents and/or their certified copies confirming the need to amend the personal data.

The operator must, within fifteen days of receiving the request, make the necessary changes and notify the personal data subject about it or notify them of the reasons for refusal, unless a different procedure for amending the personal data is established by legislative acts.
The personal data subject has the right to receive information from the operator regarding the provision of their personal data to third parties once a calendar year free of charge, unless otherwise provided by legislative acts.

To obtain the above information, the personal data subject must submit a request to the operator in accordance with Article 14 of the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021.

The operator must, within fifteen days of receiving the request, provide the personal data subject with information about which of their personal data was provided and to whom in the year preceding the request or notify them of the reasons for refusal.
The personal data subject has the right to demand from the operator the free cessation of processing their personal data, including deletion, when there are no grounds for processing the personal data as stipulated by legislative acts.

To exercise this right, the personal data subject submits a request to the operator in the manner established by Article 14 of the Law of the Republic of Belarus No. 99-Z "On Personal Data Protection" of May 7, 2021.

The operator must, within fifteen days of receiving the request, stop processing the personal data, delete it (or ensure that the authorized person deletes the data), and notify the personal data subject.

If it is technically impossible to delete the personal data, the operator must take measures to prevent further processing, including blocking, and notify the personal data subject.
The personal data subject has the right to appeal the actions (inaction) and decisions of the operator that violate their rights in processing personal data to the authorized body for the protection of personal data subjects' rights, in accordance with the procedure established by legislation on citizens' and legal entities' appeals.