Recital 71

Data holders should have the possibility to either decline a request made by a public sector body, the Commission, the European Central Bank or a Union body or seek its modification without undue delay and, in any event, no later than within a period of five or 30 working days, depending on the nature of the exceptional need invoked in the request. Where relevant, the data holder should have this possibility where it does not have control over the data requested, namely where it does not have immediate access to the data and cannot determine its availability. A valid reason not to make the data available should exist if it can be shown that the request is similar to a previously submitted request for the same purpose by another public sector body or the Commission, the European Central Bank or a Union body and the data holder has not been notified of the erasure of the data pursuant to this Regulation. A data holder declining the request or seeking its modification should communicate the underlying justification to the public sector body, the Commission, the European Central Bank or a Union body requesting the data. Where the sui generis database rights under Directive 96/9/EC of the European Parliament and of the Council (29) apply in relation to the requested datasets, data holders should exercise their rights in such a way that does not prevent the public sector body, the Commission, the European Central Bank or Union body from obtaining the data, or from sharing it, in accordance with this Regulation.