Guidelines 03/2020 on the processing of data concerning health for the purpose of scientific research in the context of the COVID-19 outbreak

Subparagraph 5.1.2.1  Proves impossible

36. In its Guidelines regarding the principle of Transparency, the former Article 29-Working-Party has already pointed out that “the situation where it “proves impossible” under Article 14 (5) (b) to provide the information is an all or nothing situation because something is either impossible or it is not; there are no degrees of impossibility. Thus, if a data controller seeks to rely on this exemption it must demonstrate the factors that actually prevent it from providing the information in question to data subjects. If, after a certain period of time, the factors that caused the “impossibility” no longer exist and it becomes possible to provide the information to data subjects then the data controller should immediately do so. In practice, there will be very few situations in which a data controller can demonstrate that it is actually impossible to provide the information to data subjects.”