What rights natural persons have in relation to personal data processing

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Как защитаваме личните данни на потребителите

Telenor takes action further to a request from a natural person to exercise a right under this section only if Telenor can identify the respective person.

Only a person who can be identified by Telenor has the right to exercise his/her rights under this section. If the purposes for which Telenor processes personal data do not require or do not require anymore the identification of a natural person Telenor is not obliged to maintain, acquire or process additional information in order to identify the person for the only purpose of taking actions based on a request from that person.

Telenor notifies natural persons of the actions taken within one month following the receipt of a request under this section as in certain cases this period may be extended by not more than two months.

Telenor provides natural persons with information concerning the actions taken in relation to their requests to exercise rights under this section without unnecessary delay and in any cases within one month after the receipt of the request. If necessary this period may be extended by two more months by taking into consideration the complexity and number of requests. Telenor informs the relevant person of any such extension within one month after the receipt of the request by also stating the reasons for delay.

In case of refusal to carry out a request Telenor notifies the respective natural persons of their rights.

If Telenor does not take actions further to the request of a natural person Telenor notifies such person without delay and not later than one month after the receipt of the request of the reasons for Telenor’s failure to take actions as well as of his/her option to file a complaint to Personal Data Protection Commission and to seek protection as per the legal procedure.

In certain cases Telenor may request additional information to verify the identity of natural persons

In case that Telenor has reasonable concerns in relation to the identity of the natural person who files a request under this section Telenor may request the submission of additional information necessary for verification of such person’s identity.

The actions taken by Telenor upon and on the occasion of submitted requests to exercise rights under this section are free of any charge for the persons unless their requests are patently unjustified or excessive.

The actions taken by Telenor upon and on the occasion of the exercise of users’ rights are free of any charge. Where the request of a person is patently unjustified or excessive (e.g. because of its repetitiveness), Telenor has the right, at its own discretion: (а) to refuse to comply with the request; or (b) to demand the payment of a reasonable fee determined on the basis of the administrative costs necessary for the provision of the requested information or for the requested actions to be taken.

Users have the right to receive from Telenor information as to whether any personal data related to them are being processed. If yes, users have the right to get access to the relevant data.

In the event that the personal data being processed by Telenor are not accurate or up-to-date users have the right to demand that Telenor correct them.

Examples:
The user has changed his/her permanent address and wants the information about the new address to be updated in Telenor’s database;
The user has found that an error in his/her names has been made upon the conclusion of a contact with Telenor and submits a request to have the error corrected.

Users have the right to demand that Telenor delete personal data related to them in the following cases:
the personal data are not necessary anymore for the purposes for which they have been collected or processed;
the user has withdrawn his/her consent on which personal data processing is based and there is no other legal ground for the processing of the same;
the user has objected to the processing of personal data based on Telenor’s lawful interests unless there are other legal grounds for processing, which prevail over the user’s interests, rights and freedoms or data processing is necessary for the establishment, exercise or protection of legal claims;
the user has objected to the processing of personal data for the purpose of direct marketing and there are no other legal grounds for the processing of such data;
the personal data related to the respective user have been processed unlawfully;
the personal data must be deleted by Telenor in view of the fulfillment of legal obligation arising out of the law of the Republic of Bulgaria or European Union.

As from 25 May 2018 users shall have the right to request that Telenor restrict the processing of personal data related to them in the following cases:
the accuracy of personal data is contested by the user: for a period that makes it possible for Telenor to examine the accuracy of such personal data;
processing is unlawful but the user does not want his/her personal data to be deleted and, instead, demands such restriction of the use thereof;
Telenor does not need anymore the personal data for the purposes of processing but the user demands them in order to establish, exercise or protect some legal claims;
the user has objected to the processing of personal data based on Telenor’s lawful interests pending an inspection of whether the Telenor’s legal grounds prevail over Telenor’s interests .

As from 25 May 2018 users shall have the right to obtain from Telenor the personal data provided by them (e.g. the data provided upon the conclusion of a contract ), in a structured, widely-used and machine-readable form as well as to transfer such data to another controller without being hampered by Telenor as far as:
Telenor processes such data for the purposes of conclusion or performance of a contract with the user, or based on a consent given by the latter ; and
processing of relevant data is made in an automated manner.
Users have the right to demand that Telenor transfer their personal data directly to another controller where technically feasible.

Users have the right to object, at any time and for any reasons related to their specific situation, to the processing of personal data related to them where Telenor processes their data for protection of its lawful interests .

In certain cases this right is unconditional and Telenor will always discontinue the processing of data in case an objection is made by the users. Such are the cases where Telenor processes personal data for the purposes of direct marketing.

in the remaining cases depending on the nature of the objection and the circumstances sated by the respective user Telenor will make an internal check regarding the objection and will pronounce a decision regarding the objection in compliance with this section by: (а) notifying the user that Telenor will discontinue the processing of user’s personal data; or (b) making a reasoned refusal to discontinue the processing of his/her personal data is there is a legal ground for that.

An example of a situation where Telenor will refuse to carry out an objection made by a user:
If a user objects to the processing of his/her personal data in relation to a concluded cession contract arguing that (s)he has not given his/her consent to his/her data being provided to a third party Telenor will reject the objection thus made because pursuant to the Obligations and Contracts Act debtor’s consent is not required for the conclusion and performance of cession contracts.

Users have the right to file complaints or warnings to Personal Data Protection Commission (PDPC) in case that in their opinion Telenor violates the legislation on personal data protection. There are instructions on filing complaints published on PDPC’s website at: https://www.cpdp.bg

After 25 May 2018 users may also file complaints before other supervisory authorities on the territory of the European Union according to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.