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Ti=Article 36 - Prior consultation

1.sec=The {_controller} shall consult the {_supervisory_authority} prior to {_processing} where a data protection impact assessment under Article 35 indicates that the {_processing} would result in a high risk in the absence of measures taken by the {_controller} to mitigate the risk.

2.sec=Where the {_supervisory_authority} is of the opinion that the intended {_processing} referred to in paragraph 1 would infringe this Regulation, in particular where the {_controller} has insufficiently identified or mitigated the risk, the {_supervisory_authority} shall, within period of up to eight weeks of receipt of the request for consultation, provide written advice to the {_controller} and, where applicable to the {_processor}, and may use any of its powers referred to in Article 58. That period may be extended by six weeks, taking into account the complexity of the intended {_processing}. The {_supervisory_authority} shall inform the {_controller} and, where applicable, the {_processor}, of any such extension within one month of receipt of the request for consultation together with the reasons for the delay. Those periods may be suspended until the {_supervisory_authority} has obtained information it has requested for the purposes of the consultation.

3.0.sec=When consulting the {_supervisory_authority} pursuant to paragraph 1, the {_controller} shall provide the {_supervisory_authority} with:

3.1.sec=where applicable, the respective responsibilities of the {_controller}, joint {_controllers} and {_processors} involved in the {_processing}, in particular for {_processing} within a {_group_of_undertakings};

3.2.sec=the purposes and means of the intended {_processing};

3.3.sec=the measures and safeguards provided to protect the rights and freedoms of {_data_subjects} pursuant to this Regulation;

3.4.sec=where applicable, the contact details of the data protection officer;

3.5.sec=the data protection impact assessment provided for in Article 35; and

3.6.sec=any other information requested by the {_supervisory_authority}.

3.=[G/Z/ol-a/s6]

4.sec=Member States shall consult the {_supervisory_authority} during the preparation of a proposal for a legislative measure to be adopted by a national parliament, or of a regulatory measure based on such a legislative measure, which relates to {_processing}.

5.sec=Notwithstanding paragraph 1, Member State law may require {_controllers} to consult with, and obtain prior authorisation from, the {_supervisory_authority} in relation to {_processing} by a {_controller} for the performance of a task carried out by the {_controller} in the public interest, including {_processing} in relation to social protection and public health.

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