46. How can a data holder verify that a Chapter V request is justified and lawful?

Data holders should verify the following:

• Is the requesting entity a public sector body of a Member State or one of the EU-level entities listed in Article 17(1) of the Data Act?

• Is there sufficient and clear justification regarding the choice of the data holder, the scope of specific data, the existence of an exceptional need, the duration of use, the nature of the public task and the purpose for requesting the data (as per Article 17(1)(a)-(j))?

• Is the request proportionate (e.g. in terms of data scope and granularity) to the exceptional need described?

• If personal data are requested – are the necessary conditions described in Articles - 17(1)(g) and 17(2)(e) fulfilled?

• Have all the relevant authorities been notified (e.g. if the request is made by a public sector body from a different Member State)?

• In the case of justified doubts as to the conditions listed above, the data holder should be able to ask for clarification and, ultimately, refuse the request or ask for its modification. In such a case, the requesting entity may ask the competent authority to settle the matter.