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Natural persons may be associated with online identifiers provided by their devices, applications, tools and
protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency
identification tags. This may leave traces which, in particular when combined with unique identifiers and other
information received by the servers, may be used to create profiles of the natural persons and identify them.
(31) Public authorities to which personal data are disclosed in accordance with a legal obligation for the exercise of
their official mission, such as tax and customs authorities, financial investigation units, independent adminis-
trative authorities, or financial market authorities responsible for the regulation and supervision of securities
markets should not be regarded as recipients if they receive personal data which are necessary to carry out a
particular inquiry in the general interest, in accordance with Union or Member State law. The requests for
disclosure sent by the public authorities should always be in writing, reasoned and occasional and should not
concern the entirety of a filing system or lead to the interconnection of filing systems. The processing of personal
data by those public authorities should comply with the applicable data-protection rules according to the
purposes of the processing.
(32) Consent should be given by a clear affirmative act establishing a freely given, specific, informed and
unambiguous indication of the data subject's agreement to the processing of personal data relating to him or her,
such as by a written statement, including by electronic means, or an oral statement. This could include ticking a
box when visiting an internet website, choosing technical settings for information society services or another
statement or conduct which clearly indicates in this context the data subject's acceptance of the proposed
processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute
consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the
processing has multiple purposes, consent should be given for all of them. If the data subject's consent is to be
given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive
to the use of the service for which it is provided.
(33) It is often not possible to fully identify the purpose of personal data processing for scientific research purposes at
the time of data collection. Therefore, data subjects should be allowed to give their consent to certain areas of
scientific research when in keeping with recognised ethical standards for scientific research. Data subjects should
have the opportunity to give their consent only to certain areas of research or parts of research projects to the
extent allowed by the intended purpose.
(34) Genetic data should be defined as personal data relating to the inherited or acquired genetic characteristics of a
natural person which result from the analysis of a biological sample from the natural person in question, in
particular chromosomal, deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) analysis, or from the analysis of
another element enabling equivalent information to be obtained.
(35) Personal data concerning health should include all data pertaining to the health status of a data subject which
reveal information relating to the past, current or future physical or mental health status of the data subject. This
includes information about the natural person collected in the course of the registration for, or the provision of,
health care services as referred to in Directive 2011/24/EU of the European Parliament and of the Council (
1
) to
that natural person; a number, symbol or particular assigned to a natural person to uniquely identify the natural
person for health purposes; information derived from the testing or examination of a body part or bodily
substance, including from genetic data and biological samples; and any information on, for example, a disease,
disability, disease risk, medical history, clinical treatment or the physiological or biomedical state of the data
subject independent of its source, for example from a physician or other health professional, a hospital, a medical
device or an in vitro diagnostic test.
(36) The main establishment of a controller in the Union should be the place of its central administration in the
Union, unless the decisions on the purposes and means of the processing of personal data are taken in another
establishment of the controller in the Union, in which case that other establishment should be considered to be
L 119/6 EN Official Journal of the European Union 4.5.2016
(
1
) Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in
cross‑border healthcare (OJ L 88, 4.4.2011, p. 45).
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