Section 38

The provisions of t h e representative designation in

section 37 (5) shall not apply to the following Data Controller:

(1)the Data Controller which is a public authority as prescribed

and announced by the Committee;

(2)the Data Controller which engages in the profession or business

of collecting, using, or disclosing Personal Data, that does not have
the nature pursuant to section 26 , and does not have alarge amount of
Personal Data as prescribed by the Committee in section 41 (2).

In the event that the Data Controller in section 5 paragraph two has a Data

Processor, the provisions of section 37 (5) and the provisions in paragraph
one shall apply to such Data Processor mutatis mutandis.